California 2013 2013-2014 Regular Session

California Assembly Bill AB2220 Amended / Bill

Filed 04/10/2014

 BILL NUMBER: AB 2220AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 10, 2014 INTRODUCED BY Assembly Member Daly FEBRUARY 20, 2014 An act to amend  Section   Sections 7583.32 and  7583.40 of, and to repeal and add Section 7583.39 of, the Business and Professions Code, relating to private security services. LEGISLATIVE COUNSEL'S DIGEST AB 2220, as amended, Daly. Private security services:  insurance policies.  private patrol operators.  The Private Security Services Act provides for the licensure and regulation of private patrol operators by the Bureau of Security and Investigative Services in the Department of Consumer Affairs.  Existing law   The act  requires a private patrol operator employing a security guard who carries a firearm to maintain an insurance policy that provides minimum limits of insurance of $500,000 for any one loss due to bodily injury or death and $500,000 for any one loss due to injury or destruction of property. This bill would instead require the bureau to require  a  private patrol operator or applicant for licensure, as a condition precedent to licensure or continued licensure, to file or have on file with the bureau an insurance policy that provides minimum limits of insurance of $1,000,000 for any one loss due to bodily injury or death and $1,000,000 for any one loss due to injury or destruction of property  as well as a certificate of workers' compensation coverage for its employees issued by an admitted insurer  .  The act requires a private patrol operator 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 to satisfy specified requirements prior to carrying a firearm, including the completion of a course of training in the carrying and use of firearms. Existing law exempts from this requirement a duly appointed peace officer, as defined. The act prohibits the bureau from renewing an expired firearms qualification card unless the applicant has requalified on the range and successfully passed a written examination, as specified.   This bill would exempt a duly appointed peace officer, as defined, from the requirements of requalifying on the range and passing the written examination.  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.   Section 7583.32 of the   Business and Professions Code   is amended to read:  7583.32. (a) A firearms qualification card expires two years from the date of issuance, if not renewed. A person who wishes to renew a firearms qualification card shall file an application for renewal at least 60 days prior to the card's expiration. A person whose card has expired shall not carry a firearm until he or she has been issued a renewal card by the bureau. (b) The bureau shall not renew a firearms qualification card unless all of the following conditions are satisfied: (1) The cardholder has filed with the bureau a completed application for renewal of a firearms qualification card, on a form prescribed by the director, dated and signed by the applicant under penalty of perjury certifying that the information on the application is true and correct. (2) The applicant has requalified on the range and has successfully passed a written examination based on course content as specified in the firearms training manual approved by the department and taught at a training facility approved by the bureau. (3) The application is accompanied by a firearms requalification fee as prescribed in this chapter. (4) The applicant has produced evidence to the firearm training facility, either upon receiving his or her original qualification card or upon filing for renewal of that card, 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 is 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, 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. (c) An expired firearms qualification card may not be renewed. A person with an expired registration is required to apply for a new firearms qualification in the manner required of persons not previously registered. A person whose card has expired shall not carry a firearm until he or she has been issued a new firearms qualification card by the bureau.  (d) Paragraph (2) of 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.   SECTION 1.   SEC. 2.  Section 7583.39 of the Business and Professions Code is repealed.  SEC. 2.   SEC. 3.  Section 7583.39 is added to the Business and Professions Code, to read: 7583.39. The bureau shall require, as a condition precedent to the issuance, reinstatement, reactivation, renewal, or continued maintenance of a license, that the applicant or licensee file or have on file  with the bureau the following:   an   (a)     An  insurance policy, as defined in Section 7583.40.  (b) A certificate of workers' compensation coverage for its employees issued by an admitted insurer.   SEC. 3.   SEC. 4.  Section 7583.40 of the Business and Professions Code is amended to read: 7583.40. "Insurance policy," as used in this article, means a contract of liability insurance issued by an insurance company authorized to transact business in this state that provides minimum limits of insurance of one million dollars ($1,000,000) for any one loss due to bodily injury or death and one million dollars ($1,000,000) for any one loss due to injury or destruction of property.