California 2017-2018 Regular Session

California Assembly Bill AB1616 Compare Versions

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Version 2 (New)

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1		-	Assembly Bill No. ~~1616 CHAPTER 157An~~ act to amend Section 7592.8 of the Business and Professions Code, relating to professions and vocations. ~~[ Approved by Governor July 31, 2017. Filed with Secretary of State July 31, 2017. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 1616, Nazarian. Alarm companies: liability: false alarm.The Alarm Company Act provides for the regulation, by the Bureau of Security and Investigative Services within the Department of Consumer Affairs, of alarm company operators and alarm agents. The act provides that it does not prevent the local authorities of any city, county, or city and county from, among other things, enacting ordinances governing false alarm activations and responses.This bill would prohibit an alarm company operator or an alarm agent from being liable for civil penalties and fines assessed by a city, county, or city and county for false alarms not attributed to alarm company operator error, improper installation of the alarm system by an alarm agent or an alarm company operator, defective equipment provided or installed by an alarm agent or an alarm company operator, or defective equipment leased by an alarm company operator.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 7592.8 of the Business and Professions Code is amended to read:7592.8. (a) The provisions of this chapter shall not prevent the local authorities of any city, county, or city and county, by ordinance and within the exercise of the police power of the city, county, or city and county from:(1) Requiring alarm company operator licensees to meet the requirements for and obtain a business permit.(2) Requiring alarm agents or alarm company operators, or both, to register their name and file a copy of their state issued identification card with the city, county, or city and county. No fee, other than a fee for a business license permit, may be charged nor may any application be required by the city, county, or city and county for that registration.(3) (A) Enacting ordinances governing false alarm activations and responses.(B) An alarm company operator or an alarm agent shall not be liable for civil penalties and fines assessed or imposed by a city, county, or city and county for false alarms not attributed to alarm company operator error, improper installation of the alarm system by an alarm agent or an alarm company operator, defective equipment provided or installed by an alarm agent or an alarm company operator, or defective equipment leased by an alarm company operator.(4) Requiring persons who own, lease, rent, or otherwise possess an alarm system to obtain a permit to operate the alarm system.(b) This section shall not be construed to affect the authority of a city, county, or city and county to adopt and enforce ordinances requiring alarm companies to attempt to verify alarm events before requesting dispatch. (c) Except as otherwise required to comply with this chapter, this section shall not be construed to require the bureau to investigate, hear, or adjudicate a cause of action between an alarm company and a city, county, or city and county that pertains to liability for penalties imposed under an ordinance enacted by the city, county, or city and county.
	1	+	Enrolled July 19, 2017 Passed IN Senate July 13, 2017 Passed IN Assembly July 17, 2017 Amended IN Senate June 20, 2017 Amended IN Senate June 12, 2017 Amended IN Assembly May 08, 2017 Amended IN Assembly April 26, 2017 Amended IN Assembly March 21, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1616Introduced by Assembly Member NazarianFebruary 17, 2017An act to amend Section 7592.8 of the Business and Professions Code, relating to professions and vocations.LEGISLATIVE COUNSEL'S DIGESTAB 1616, Nazarian. Alarm companies: liability: false alarm.The Alarm Company Act provides for the regulation, by the Bureau of Security and Investigative Services within the Department of Consumer Affairs, of alarm company operators and alarm agents. The act provides that it does not prevent the local authorities of any city, county, or city and county from, among other things, enacting ordinances governing false alarm activations and responses.This bill would prohibit an alarm company operator or an alarm agent from being liable for civil penalties and fines assessed by a city, county, or city and county for false alarms not attributed to alarm company operator error, improper installation of the alarm system by an alarm agent or an alarm company operator, defective equipment provided or installed by an alarm agent or an alarm company operator, or defective equipment leased by an alarm company operator.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 7592.8 of the Business and Professions Code is amended to read:7592.8. (a) The provisions of this chapter shall not prevent the local authorities of any city, county, or city and county, by ordinance and within the exercise of the police power of the city, county, or city and county from:(1) Requiring alarm company operator licensees to meet the requirements for and obtain a business permit.(2) Requiring alarm agents or alarm company operators, or both, to register their name and file a copy of their state issued identification card with the city, county, or city and county. No fee, other than a fee for a business license permit, may be charged nor may any application be required by the city, county, or city and county for that registration.(3) (A) Enacting ordinances governing false alarm activations and responses.(B) An alarm company operator or an alarm agent shall not be liable for civil penalties and fines assessed or imposed by a city, county, or city and county for false alarms not attributed to alarm company operator error, improper installation of the alarm system by an alarm agent or an alarm company operator, defective equipment provided or installed by an alarm agent or an alarm company operator, or defective equipment leased by an alarm company operator.(4) Requiring persons who own, lease, rent, or otherwise possess an alarm system to obtain a permit to operate the alarm system.(b) This section shall not be construed to affect the authority of a city, county, or city and county to adopt and enforce ordinances requiring alarm companies to attempt to verify alarm events before requesting dispatch. (c) Except as otherwise required to comply with this chapter, this section shall not be construed to require the bureau to investigate, hear, or adjudicate a cause of action between an alarm company and a city, county, or city and county that pertains to liability for penalties imposed under an ordinance enacted by the city, county, or city and county.
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3		-	Assembly Bill No. 1616 CHAPTER 157An act to amend Section 7592.8 of the Business and Professions Code, relating to professions and vocations. [ Approved by Governor July 31, 2017. Filed with Secretary of State July 31, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 1616, Nazarian. Alarm companies: liability: false alarm.The Alarm Company Act provides for the regulation, by the Bureau of Security and Investigative Services within the Department of Consumer Affairs, of alarm company operators and alarm agents. The act provides that it does not prevent the local authorities of any city, county, or city and county from, among other things, enacting ordinances governing false alarm activations and responses.This bill would prohibit an alarm company operator or an alarm agent from being liable for civil penalties and fines assessed by a city, county, or city and county for false alarms not attributed to alarm company operator error, improper installation of the alarm system by an alarm agent or an alarm company operator, defective equipment provided or installed by an alarm agent or an alarm company operator, or defective equipment leased by an alarm company operator.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled July 19, 2017 Passed IN Senate July 13, 2017 Passed IN Assembly July 17, 2017 Amended IN Senate June 20, 2017 Amended IN Senate June 12, 2017 Amended IN Assembly May 08, 2017 Amended IN Assembly April 26, 2017 Amended IN Assembly March 21, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1616Introduced by Assembly Member NazarianFebruary 17, 2017An act to amend Section 7592.8 of the Business and Professions Code, relating to professions and vocations.LEGISLATIVE COUNSEL'S DIGESTAB 1616, Nazarian. Alarm companies: liability: false alarm.The Alarm Company Act provides for the regulation, by the Bureau of Security and Investigative Services within the Department of Consumer Affairs, of alarm company operators and alarm agents. The act provides that it does not prevent the local authorities of any city, county, or city and county from, among other things, enacting ordinances governing false alarm activations and responses.This bill would prohibit an alarm company operator or an alarm agent from being liable for civil penalties and fines assessed by a city, county, or city and county for false alarms not attributed to alarm company operator error, improper installation of the alarm system by an alarm agent or an alarm company operator, defective equipment provided or installed by an alarm agent or an alarm company operator, or defective equipment leased by an alarm company operator.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	4	+
	5	+	Enrolled July 19, 2017 Passed IN Senate July 13, 2017 Passed IN Assembly July 17, 2017 Amended IN Senate June 20, 2017 Amended IN Senate June 12, 2017 Amended IN Assembly May 08, 2017 Amended IN Assembly April 26, 2017 Amended IN Assembly March 21, 2017
	6	+
	7	+	Enrolled July 19, 2017
	8	+	Passed IN Senate July 13, 2017
	9	+	Passed IN Assembly July 17, 2017
	10	+	Amended IN Senate June 20, 2017
	11	+	Amended IN Senate June 12, 2017
	12	+	Amended IN Assembly May 08, 2017
	13	+	Amended IN Assembly April 26, 2017
	14	+	Amended IN Assembly March 21, 2017
	15	+
	16	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	18		Assembly Bill No. 1616
6		-	CHAPTER 157
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	20	+	Introduced by Assembly Member NazarianFebruary 17, 2017
	21	+
	22	+	Introduced by Assembly Member Nazarian
	23	+	February 17, 2017
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8	25		An act to amend Section 7592.8 of the Business and Professions Code, relating to professions and vocations.
9		-
10		-	[ Approved by Governor July 31, 2017. Filed with Secretary of State July 31, 2017. ]
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12	27		LEGISLATIVE COUNSEL'S DIGEST
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14	29		## LEGISLATIVE COUNSEL'S DIGEST
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16	31		AB 1616, Nazarian. Alarm companies: liability: false alarm.
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18	33		The Alarm Company Act provides for the regulation, by the Bureau of Security and Investigative Services within the Department of Consumer Affairs, of alarm company operators and alarm agents. The act provides that it does not prevent the local authorities of any city, county, or city and county from, among other things, enacting ordinances governing false alarm activations and responses.This bill would prohibit an alarm company operator or an alarm agent from being liable for civil penalties and fines assessed by a city, county, or city and county for false alarms not attributed to alarm company operator error, improper installation of the alarm system by an alarm agent or an alarm company operator, defective equipment provided or installed by an alarm agent or an alarm company operator, or defective equipment leased by an alarm company operator.
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20	35		The Alarm Company Act provides for the regulation, by the Bureau of Security and Investigative Services within the Department of Consumer Affairs, of alarm company operators and alarm agents. The act provides that it does not prevent the local authorities of any city, county, or city and county from, among other things, enacting ordinances governing false alarm activations and responses.
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22	37		This bill would prohibit an alarm company operator or an alarm agent from being liable for civil penalties and fines assessed by a city, county, or city and county for false alarms not attributed to alarm company operator error, improper installation of the alarm system by an alarm agent or an alarm company operator, defective equipment provided or installed by an alarm agent or an alarm company operator, or defective equipment leased by an alarm company operator.
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24	39		## Digest Key
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26	41		## Bill Text
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28	43		The people of the State of California do enact as follows:SECTION 1. Section 7592.8 of the Business and Professions Code is amended to read:7592.8. (a) The provisions of this chapter shall not prevent the local authorities of any city, county, or city and county, by ordinance and within the exercise of the police power of the city, county, or city and county from:(1) Requiring alarm company operator licensees to meet the requirements for and obtain a business permit.(2) Requiring alarm agents or alarm company operators, or both, to register their name and file a copy of their state issued identification card with the city, county, or city and county. No fee, other than a fee for a business license permit, may be charged nor may any application be required by the city, county, or city and county for that registration.(3) (A) Enacting ordinances governing false alarm activations and responses.(B) An alarm company operator or an alarm agent shall not be liable for civil penalties and fines assessed or imposed by a city, county, or city and county for false alarms not attributed to alarm company operator error, improper installation of the alarm system by an alarm agent or an alarm company operator, defective equipment provided or installed by an alarm agent or an alarm company operator, or defective equipment leased by an alarm company operator.(4) Requiring persons who own, lease, rent, or otherwise possess an alarm system to obtain a permit to operate the alarm system.(b) This section shall not be construed to affect the authority of a city, county, or city and county to adopt and enforce ordinances requiring alarm companies to attempt to verify alarm events before requesting dispatch. (c) Except as otherwise required to comply with this chapter, this section shall not be construed to require the bureau to investigate, hear, or adjudicate a cause of action between an alarm company and a city, county, or city and county that pertains to liability for penalties imposed under an ordinance enacted by the city, county, or city and county.
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30	45		The people of the State of California do enact as follows:
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32	47		## The people of the State of California do enact as follows:
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34	49		SECTION 1. Section 7592.8 of the Business and Professions Code is amended to read:7592.8. (a) The provisions of this chapter shall not prevent the local authorities of any city, county, or city and county, by ordinance and within the exercise of the police power of the city, county, or city and county from:(1) Requiring alarm company operator licensees to meet the requirements for and obtain a business permit.(2) Requiring alarm agents or alarm company operators, or both, to register their name and file a copy of their state issued identification card with the city, county, or city and county. No fee, other than a fee for a business license permit, may be charged nor may any application be required by the city, county, or city and county for that registration.(3) (A) Enacting ordinances governing false alarm activations and responses.(B) An alarm company operator or an alarm agent shall not be liable for civil penalties and fines assessed or imposed by a city, county, or city and county for false alarms not attributed to alarm company operator error, improper installation of the alarm system by an alarm agent or an alarm company operator, defective equipment provided or installed by an alarm agent or an alarm company operator, or defective equipment leased by an alarm company operator.(4) Requiring persons who own, lease, rent, or otherwise possess an alarm system to obtain a permit to operate the alarm system.(b) This section shall not be construed to affect the authority of a city, county, or city and county to adopt and enforce ordinances requiring alarm companies to attempt to verify alarm events before requesting dispatch. (c) Except as otherwise required to comply with this chapter, this section shall not be construed to require the bureau to investigate, hear, or adjudicate a cause of action between an alarm company and a city, county, or city and county that pertains to liability for penalties imposed under an ordinance enacted by the city, county, or city and county.
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36	51		SECTION 1. Section 7592.8 of the Business and Professions Code is amended to read:
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38	53		### SECTION 1.
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40	55		7592.8. (a) The provisions of this chapter shall not prevent the local authorities of any city, county, or city and county, by ordinance and within the exercise of the police power of the city, county, or city and county from:(1) Requiring alarm company operator licensees to meet the requirements for and obtain a business permit.(2) Requiring alarm agents or alarm company operators, or both, to register their name and file a copy of their state issued identification card with the city, county, or city and county. No fee, other than a fee for a business license permit, may be charged nor may any application be required by the city, county, or city and county for that registration.(3) (A) Enacting ordinances governing false alarm activations and responses.(B) An alarm company operator or an alarm agent shall not be liable for civil penalties and fines assessed or imposed by a city, county, or city and county for false alarms not attributed to alarm company operator error, improper installation of the alarm system by an alarm agent or an alarm company operator, defective equipment provided or installed by an alarm agent or an alarm company operator, or defective equipment leased by an alarm company operator.(4) Requiring persons who own, lease, rent, or otherwise possess an alarm system to obtain a permit to operate the alarm system.(b) This section shall not be construed to affect the authority of a city, county, or city and county to adopt and enforce ordinances requiring alarm companies to attempt to verify alarm events before requesting dispatch. (c) Except as otherwise required to comply with this chapter, this section shall not be construed to require the bureau to investigate, hear, or adjudicate a cause of action between an alarm company and a city, county, or city and county that pertains to liability for penalties imposed under an ordinance enacted by the city, county, or city and county.
41	56
42	57		7592.8. (a) The provisions of this chapter shall not prevent the local authorities of any city, county, or city and county, by ordinance and within the exercise of the police power of the city, county, or city and county from:(1) Requiring alarm company operator licensees to meet the requirements for and obtain a business permit.(2) Requiring alarm agents or alarm company operators, or both, to register their name and file a copy of their state issued identification card with the city, county, or city and county. No fee, other than a fee for a business license permit, may be charged nor may any application be required by the city, county, or city and county for that registration.(3) (A) Enacting ordinances governing false alarm activations and responses.(B) An alarm company operator or an alarm agent shall not be liable for civil penalties and fines assessed or imposed by a city, county, or city and county for false alarms not attributed to alarm company operator error, improper installation of the alarm system by an alarm agent or an alarm company operator, defective equipment provided or installed by an alarm agent or an alarm company operator, or defective equipment leased by an alarm company operator.(4) Requiring persons who own, lease, rent, or otherwise possess an alarm system to obtain a permit to operate the alarm system.(b) This section shall not be construed to affect the authority of a city, county, or city and county to adopt and enforce ordinances requiring alarm companies to attempt to verify alarm events before requesting dispatch. (c) Except as otherwise required to comply with this chapter, this section shall not be construed to require the bureau to investigate, hear, or adjudicate a cause of action between an alarm company and a city, county, or city and county that pertains to liability for penalties imposed under an ordinance enacted by the city, county, or city and county.
43	58
44	59		7592.8. (a) The provisions of this chapter shall not prevent the local authorities of any city, county, or city and county, by ordinance and within the exercise of the police power of the city, county, or city and county from:(1) Requiring alarm company operator licensees to meet the requirements for and obtain a business permit.(2) Requiring alarm agents or alarm company operators, or both, to register their name and file a copy of their state issued identification card with the city, county, or city and county. No fee, other than a fee for a business license permit, may be charged nor may any application be required by the city, county, or city and county for that registration.(3) (A) Enacting ordinances governing false alarm activations and responses.(B) An alarm company operator or an alarm agent shall not be liable for civil penalties and fines assessed or imposed by a city, county, or city and county for false alarms not attributed to alarm company operator error, improper installation of the alarm system by an alarm agent or an alarm company operator, defective equipment provided or installed by an alarm agent or an alarm company operator, or defective equipment leased by an alarm company operator.(4) Requiring persons who own, lease, rent, or otherwise possess an alarm system to obtain a permit to operate the alarm system.(b) This section shall not be construed to affect the authority of a city, county, or city and county to adopt and enforce ordinances requiring alarm companies to attempt to verify alarm events before requesting dispatch. (c) Except as otherwise required to comply with this chapter, this section shall not be construed to require the bureau to investigate, hear, or adjudicate a cause of action between an alarm company and a city, county, or city and county that pertains to liability for penalties imposed under an ordinance enacted by the city, county, or city and county.
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48	63		7592.8. (a) The provisions of this chapter shall not prevent the local authorities of any city, county, or city and county, by ordinance and within the exercise of the police power of the city, county, or city and county from:
49	64
50	65		(1) Requiring alarm company operator licensees to meet the requirements for and obtain a business permit.
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52	67		(2) Requiring alarm agents or alarm company operators, or both, to register their name and file a copy of their state issued identification card with the city, county, or city and county. No fee, other than a fee for a business license permit, may be charged nor may any application be required by the city, county, or city and county for that registration.
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54	69		(3) (A) Enacting ordinances governing false alarm activations and responses.
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56	71		(B) An alarm company operator or an alarm agent shall not be liable for civil penalties and fines assessed or imposed by a city, county, or city and county for false alarms not attributed to alarm company operator error, improper installation of the alarm system by an alarm agent or an alarm company operator, defective equipment provided or installed by an alarm agent or an alarm company operator, or defective equipment leased by an alarm company operator.
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58	73		(4) Requiring persons who own, lease, rent, or otherwise possess an alarm system to obtain a permit to operate the alarm system.
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60	75		(b) This section shall not be construed to affect the authority of a city, county, or city and county to adopt and enforce ordinances requiring alarm companies to attempt to verify alarm events before requesting dispatch.
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62	77		(c) Except as otherwise required to comply with this chapter, this section shall not be construed to require the bureau to investigate, hear, or adjudicate a cause of action between an alarm company and a city, county, or city and county that pertains to liability for penalties imposed under an ordinance enacted by the city, county, or city and county.