BUSINESS AND PROFESSIONS CODE
SECTION 7574.10-7574.16
7574.10. No person shall engage in the business of a proprietary
private security officer unless registered with the department
pursuant to this chapter.
7574.11. (a) An applicant seeking registration as a proprietary
private security officer shall apply to the department on forms
provided by the department.
(b) An application for registration as a proprietary private
security officer shall include, but not be limited to, the following:
(1) Submission of fingerprints for submission to the Department of
Justice.
(A) The department shall submit to the Department of Justice
fingerprint images and related information required by the Department
of Justice for all proprietary private security officer registration
applicants, as defined by subdivision (f) of Section 7574.01, for
the purposes of obtaining information as to the existence and content
of a record of state or federal convictions and state or federal
arrests and also information as to the existence and content of a
record of state or federal arrests for which the Department of
Justice establishes that the person is free on bail or on his or her
own recognizance pending trial or appeal.
(B) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a
response to the department.
(C) The Department of Justice shall provide a state and federal
level response to the department pursuant to paragraph (1) of
subdivision (p) of Section 11105 of the Penal Code.
(D) The department shall request from the Department of Justice
subsequent arrest notification service, as provided pursuant to
Section 11105.2 of the Penal Code, for persons described in
subdivision (a).
(E) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.
(2) A fee of fifty dollars ($50).
(c) Upon approval of an application for registration as a
proprietary private security officer by the director, the chief shall
cause to be issued to the applicant a registration card in a form
approved by the director. A registration card shall be valid for two
years from the date of issue.
(d) A person may work as a proprietary private security officer
pending receipt of the registration card if he or she has been
approved by the director and carries on his or her person a hard copy
printout of the bureau's approval from the bureau's Internet Web
site and either a valid driver's license issued pursuant to Section
12811 of the Vehicle Code or a valid identification card issued
pursuant to Section 13000 of the Vehicle Code.
(e) In the event of the loss or destruction of a registration
card, the registrant may apply to the bureau on a form provided by
the bureau for a certified replacement of the card, stating the
circumstances surrounding the loss, and pay a replacement fee of ten
dollars ($10), whereupon the bureau shall issue a replacement of the
card.
(f) A registered proprietary private security officer shall apply
for renewal biennially with the department on forms provided by the
department. The department shall charge a renewal fee of thirty-five
dollars ($35).
7574.12. No person shall engage in the business of a proprietary
private security employer unless registered with the department
pursuant to this chapter. However, a proprietary private security
employer meeting one of the requirements of Section 7574.14 shall be
considered exempt from registration.
7574.13. (a) An applicant seeking registration as a proprietary
private security employer shall apply to the department on forms
provided by the department.
(b) An application for registration as a proprietary private
security employer shall include, but not be limited to, a fee of
seventy-five dollars ($75).
(c) Upon approval of an application for registration as a
proprietary private security employer by the director, the chief
shall cause to be issued to the applicant a registration certificate
in a form approved by the director. A registration certificate shall
be valid for two years from the date of issue.
(d) A registered proprietary private security employer shall apply
for renewal biennially with the department on forms provided by the
department. The department shall charge a renewal fee of thirty-five
dollars ($35).
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 his or her 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 any 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 any 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 his or her duties as an
attorney at law.
(f) A collection agency or an employee thereof while acting within
the scope of his or her employment, while making an investigation
incidental to the business of the agency, including an investigation
of the location of a debtor or his or her 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) Any bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of 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 his or her services or the services
of others as a private patrol operator or contracts for his or her
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 a loaded or concealed firearm unless he or she
is exempted under the provisions of subdivision (a) of Section 12027
of the Penal Code or paragraph (1) of subdivision (b) of Section
12031 of the Penal Code or has met the requirements set forth in
Section 12033 of the Penal Code. However, nothing herein shall exempt
the retired peace officer who contracts for his or her services or
the services of others as a private patrol operator.
(l) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
(m) Any savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
(n) Any secured creditor engaged in the repossession of the
creditor's collateral and any lessor engaged in the repossession of
leased property in which it claims an interest.
(o) A peace officer in his or her 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 any deadly weapon, as defined in subdivision (a), in
the performance of his or her 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.
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 his or her 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 any 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 any 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 his or her duties as an
attorney at law.
(f) A collection agency or an employee thereof while acting within
the scope of his or her employment, while making an investigation
incidental to the business of the agency, including an investigation
of the location of a debtor or his or her 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) Any bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of 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 his or her services or the services
of others as a private patrol operator or contracts for his or her
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 a loaded or concealed firearm unless he or she
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 his
or her services or the services of others as a private patrol
operator.
(l) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
(m) Any savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
(n) Any secured creditor engaged in the repossession of the
creditor's collateral and any lessor engaged in the repossession of
leased property in which it claims an interest.
(o) A peace officer in his or her 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 any deadly weapon, as defined in subdivision (a), in
the performance of his or her 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.
7574.15. (a) The director may refuse to approve a proprietary
private security officer or proprietary private security employer
registration pursuant to this chapter to a person who has had any
license or registration revoked, or whose license or registration is
under suspension, or who has failed to renew his or her license or
registration while it was under suspension.
(b) The director may refuse to issue a proprietary private
security officer or proprietary private security employer
registration to a person who has committed any act that, if committed
by a registrant, would be grounds for refusing to issue a
registration, or for the suspension or revocation of a registration
issued pursuant to this chapter.
(c) The director may refuse to approve a proprietary private
security officer registration pursuant to Section 7574.11 to a person
who has committed any act or crime constituting grounds for denial
under Section 480.
7574.16. This article shall become operative on January 1, 2011.
BUSINESS AND PROFESSIONS CODE
SECTION 7574.10-7574.16
7574.10. No person shall engage in the business of a proprietary
private security officer unless registered with the department
pursuant to this chapter.
7574.11. (a) An applicant seeking registration as a proprietary
private security officer shall apply to the department on forms
provided by the department.
(b) An application for registration as a proprietary private
security officer shall include, but not be limited to, the following:
(1) Submission of fingerprints for submission to the Department of
Justice.
(A) The department shall submit to the Department of Justice
fingerprint images and related information required by the Department
of Justice for all proprietary private security officer registration
applicants, as defined by subdivision (f) of Section 7574.01, for
the purposes of obtaining information as to the existence and content
of a record of state or federal convictions and state or federal
arrests and also information as to the existence and content of a
record of state or federal arrests for which the Department of
Justice establishes that the person is free on bail or on his or her
own recognizance pending trial or appeal.
(B) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a
response to the department.
(C) The Department of Justice shall provide a state and federal
level response to the department pursuant to paragraph (1) of
subdivision (p) of Section 11105 of the Penal Code.
(D) The department shall request from the Department of Justice
subsequent arrest notification service, as provided pursuant to
Section 11105.2 of the Penal Code, for persons described in
subdivision (a).
(E) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.
(2) A fee of fifty dollars ($50).
(c) Upon approval of an application for registration as a
proprietary private security officer by the director, the chief shall
cause to be issued to the applicant a registration card in a form
approved by the director. A registration card shall be valid for two
years from the date of issue.
(d) A person may work as a proprietary private security officer
pending receipt of the registration card if he or she has been
approved by the director and carries on his or her person a hard copy
printout of the bureau's approval from the bureau's Internet Web
site and either a valid driver's license issued pursuant to Section
12811 of the Vehicle Code or a valid identification card issued
pursuant to Section 13000 of the Vehicle Code.
(e) In the event of the loss or destruction of a registration
card, the registrant may apply to the bureau on a form provided by
the bureau for a certified replacement of the card, stating the
circumstances surrounding the loss, and pay a replacement fee of ten
dollars ($10), whereupon the bureau shall issue a replacement of the
card.
(f) A registered proprietary private security officer shall apply
for renewal biennially with the department on forms provided by the
department. The department shall charge a renewal fee of thirty-five
dollars ($35).
7574.12. No person shall engage in the business of a proprietary
private security employer unless registered with the department
pursuant to this chapter. However, a proprietary private security
employer meeting one of the requirements of Section 7574.14 shall be
considered exempt from registration.
7574.13. (a) An applicant seeking registration as a proprietary
private security employer shall apply to the department on forms
provided by the department.
(b) An application for registration as a proprietary private
security employer shall include, but not be limited to, a fee of
seventy-five dollars ($75).
(c) Upon approval of an application for registration as a
proprietary private security employer by the director, the chief
shall cause to be issued to the applicant a registration certificate
in a form approved by the director. A registration certificate shall
be valid for two years from the date of issue.
(d) A registered proprietary private security employer shall apply
for renewal biennially with the department on forms provided by the
department. The department shall charge a renewal fee of thirty-five
dollars ($35).
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 his or her 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 any 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 any 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 his or her duties as an
attorney at law.
(f) A collection agency or an employee thereof while acting within
the scope of his or her employment, while making an investigation
incidental to the business of the agency, including an investigation
of the location of a debtor or his or her 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) Any bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of 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 his or her services or the services
of others as a private patrol operator or contracts for his or her
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 a loaded or concealed firearm unless he or she
is exempted under the provisions of subdivision (a) of Section 12027
of the Penal Code or paragraph (1) of subdivision (b) of Section
12031 of the Penal Code or has met the requirements set forth in
Section 12033 of the Penal Code. However, nothing herein shall exempt
the retired peace officer who contracts for his or her services or
the services of others as a private patrol operator.
(l) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
(m) Any savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
(n) Any secured creditor engaged in the repossession of the
creditor's collateral and any lessor engaged in the repossession of
leased property in which it claims an interest.
(o) A peace officer in his or her 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 any deadly weapon, as defined in subdivision (a), in
the performance of his or her 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.
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 his or her 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 any 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 any 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 his or her duties as an
attorney at law.
(f) A collection agency or an employee thereof while acting within
the scope of his or her employment, while making an investigation
incidental to the business of the agency, including an investigation
of the location of a debtor or his or her 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) Any bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of 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 his or her services or the services
of others as a private patrol operator or contracts for his or her
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 a loaded or concealed firearm unless he or she
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 his
or her services or the services of others as a private patrol
operator.
(l) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
(m) Any savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
(n) Any secured creditor engaged in the repossession of the
creditor's collateral and any lessor engaged in the repossession of
leased property in which it claims an interest.
(o) A peace officer in his or her 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 any deadly weapon, as defined in subdivision (a), in
the performance of his or her 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.
7574.15. (a) The director may refuse to approve a proprietary
private security officer or proprietary private security employer
registration pursuant to this chapter to a person who has had any
license or registration revoked, or whose license or registration is
under suspension, or who has failed to renew his or her license or
registration while it was under suspension.
(b) The director may refuse to issue a proprietary private
security officer or proprietary private security employer
registration to a person who has committed any act that, if committed
by a registrant, would be grounds for refusing to issue a
registration, or for the suspension or revocation of a registration
issued pursuant to this chapter.
(c) The director may refuse to approve a proprietary private
security officer registration pursuant to Section 7574.11 to a person
who has committed any act or crime constituting grounds for denial
under Section 480.
7574.16. This article shall become operative on January 1, 2011.
BUSINESS AND PROFESSIONS CODE
SECTION 7574.10-7574.16
7574.10. No person shall engage in the business of a proprietary
private security officer unless registered with the department
pursuant to this chapter.
7574.11. (a) An applicant seeking registration as a proprietary
private security officer shall apply to the department on forms
provided by the department.
(b) An application for registration as a proprietary private
security officer shall include, but not be limited to, the following:
(1) Submission of fingerprints for submission to the Department of
Justice.
(A) The department shall submit to the Department of Justice
fingerprint images and related information required by the Department
of Justice for all proprietary private security officer registration
applicants, as defined by subdivision (f) of Section 7574.01, for
the purposes of obtaining information as to the existence and content
of a record of state or federal convictions and state or federal
arrests and also information as to the existence and content of a
record of state or federal arrests for which the Department of
Justice establishes that the person is free on bail or on his or her
own recognizance pending trial or appeal.
(B) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a
response to the department.
(C) The Department of Justice shall provide a state and federal
level response to the department pursuant to paragraph (1) of
subdivision (p) of Section 11105 of the Penal Code.
(D) The department shall request from the Department of Justice
subsequent arrest notification service, as provided pursuant to
Section 11105.2 of the Penal Code, for persons described in
subdivision (a).
(E) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.
(2) A fee of fifty dollars ($50).
(c) Upon approval of an application for registration as a
proprietary private security officer by the director, the chief shall
cause to be issued to the applicant a registration card in a form
approved by the director. A registration card shall be valid for two
years from the date of issue.
(d) A person may work as a proprietary private security officer
pending receipt of the registration card if he or she has been
approved by the director and carries on his or her person a hard copy
printout of the bureau's approval from the bureau's Internet Web
site and either a valid driver's license issued pursuant to Section
12811 of the Vehicle Code or a valid identification card issued
pursuant to Section 13000 of the Vehicle Code.
(e) In the event of the loss or destruction of a registration
card, the registrant may apply to the bureau on a form provided by
the bureau for a certified replacement of the card, stating the
circumstances surrounding the loss, and pay a replacement fee of ten
dollars ($10), whereupon the bureau shall issue a replacement of the
card.
(f) A registered proprietary private security officer shall apply
for renewal biennially with the department on forms provided by the
department. The department shall charge a renewal fee of thirty-five
dollars ($35).
7574.12. No person shall engage in the business of a proprietary
private security employer unless registered with the department
pursuant to this chapter. However, a proprietary private security
employer meeting one of the requirements of Section 7574.14 shall be
considered exempt from registration.
7574.13. (a) An applicant seeking registration as a proprietary
private security employer shall apply to the department on forms
provided by the department.
(b) An application for registration as a proprietary private
security employer shall include, but not be limited to, a fee of
seventy-five dollars ($75).
(c) Upon approval of an application for registration as a
proprietary private security employer by the director, the chief
shall cause to be issued to the applicant a registration certificate
in a form approved by the director. A registration certificate shall
be valid for two years from the date of issue.
(d) A registered proprietary private security employer shall apply
for renewal biennially with the department on forms provided by the
department. The department shall charge a renewal fee of thirty-five
dollars ($35).
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 his or her 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 any 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 any 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 his or her duties as an
attorney at law.
(f) A collection agency or an employee thereof while acting within
the scope of his or her employment, while making an investigation
incidental to the business of the agency, including an investigation
of the location of a debtor or his or her 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) Any bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of 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 his or her services or the services
of others as a private patrol operator or contracts for his or her
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 a loaded or concealed firearm unless he or she
is exempted under the provisions of subdivision (a) of Section 12027
of the Penal Code or paragraph (1) of subdivision (b) of Section
12031 of the Penal Code or has met the requirements set forth in
Section 12033 of the Penal Code. However, nothing herein shall exempt
the retired peace officer who contracts for his or her services or
the services of others as a private patrol operator.
(l) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
(m) Any savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
(n) Any secured creditor engaged in the repossession of the
creditor's collateral and any lessor engaged in the repossession of
leased property in which it claims an interest.
(o) A peace officer in his or her 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 any deadly weapon, as defined in subdivision (a), in
the performance of his or her 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.
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 his or her 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 any 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 any 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 his or her duties as an
attorney at law.
(f) A collection agency or an employee thereof while acting within
the scope of his or her employment, while making an investigation
incidental to the business of the agency, including an investigation
of the location of a debtor or his or her 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) Any bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of 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 his or her services or the services
of others as a private patrol operator or contracts for his or her
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 a loaded or concealed firearm unless he or she
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 his
or her services or the services of others as a private patrol
operator.
(l) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
(m) Any savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
(n) Any secured creditor engaged in the repossession of the
creditor's collateral and any lessor engaged in the repossession of
leased property in which it claims an interest.
(o) A peace officer in his or her 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 any deadly weapon, as defined in subdivision (a), in
the performance of his or her 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.
7574.15. (a) The director may refuse to approve a proprietary
private security officer or proprietary private security employer
registration pursuant to this chapter to a person who has had any
license or registration revoked, or whose license or registration is
under suspension, or who has failed to renew his or her license or
registration while it was under suspension.
(b) The director may refuse to issue a proprietary private
security officer or proprietary private security employer
registration to a person who has committed any act that, if committed
by a registrant, would be grounds for refusing to issue a
registration, or for the suspension or revocation of a registration
issued pursuant to this chapter.
(c) The director may refuse to approve a proprietary private
security officer registration pursuant to Section 7574.11 to a person
who has committed any act or crime constituting grounds for denial
under Section 480.
7574.16. This article shall become operative on January 1, 2011.
