AB 1244 — Private security services and private investigators: qualified managers.

Summary

(1) Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Director of Consumer Affairs, and establishes the Bureau of Security and Investigative Services in the Department of Consumer Affairs to provide licensure and regulatory oversight under the act. Existing law makes a violation of the act a misdemeanor. Existing law requires the business of a licensee under the act to be operated under the direction, control, charge, or management of the licensee, if they are qualified, or the person who is qualified to act as the qualified manager, and establishes requirements for a qualified manager, including obtaining a qualification certificate from the bureau. This bill, on and after January 1, 2025, would require the holder of a qualified manager certificate who wishes to be associated with more than their own private investigator license to apply to the bureau for a qualified manager license, would require any person acting as a qualified manager of an additional private investigator license to hold a qualified manager license issued by the bureau, and would require the bureau to issue a qualified manager license to an applicant upon satisfaction of specified requirements. The bill would require the bureau to issue an enhanced photo identification card to a licensee who holds a qualified manager license upon the issuance, and with each biennial renewal, of a license. The bill would require the holder of a qualified manager certificate to post the certificate in a specified manner, would provide that a qualified manager license expires 2 years following the date of issuance, and would specify requirements for the renewal of a suspended qualified manager certificate and fees for reinstatement of a revoked qualified manager certificate. The bill would establish fees for the issuance and renewal of a qualified manager license, which would be deposited in the Private Security Services Fund. Existing law prohibits a licensee or qualified manager of a licensee from carrying or using a firearm unless the person has met specified requirements and possesses a valid firearms qualification card. Existing law establishes certain procedural requirements for the denial of a firearms qualification card on the basis of the results of an assessment, including requiring appeals of those denials to be in accordance with specified administrative adjudication procedures generally applicable to state agencies. This bill would delete those procedural requirements. Existing law requires the bureau to issue a firearms permit to an applicant who is a licensed private investigator or a qualified manager of a licensed private investigator and the firearms permit is associated with a qualified manager of a licensed private investigator, subject to specified conditions. This bill, on and after January 1, 2025, would also authorize the bureau to issue a firearms permit to a licensed private investigator or a qualified manager of a licensed private investigator if the firearms permit is associated with a qualified manager license. Existing law prohibits the bureau from issuing a firearms permit to a licensed private investigator or qualified manager of a licensed private investigator who, within the past 12 months, has been assessed and found incapable of exercising appropriate judgment, restraint, and self-control, as specified. This bill would delete that provision. Existing law authorizes an applicant who is denied a firearm permit renewal because the applicant is prohibited from possessing, receiving, purchasing, or owning a firearm permit to reapply for the permit after the prohibition expires, and requires the bureau to treat it as an initial application, as specified. This bill would delete that provision. Existing law requires the bureau to revoke a firearms permit if the Department of Justice notifies the bureau that the holder of the firearms permit is prohibited from possessing, receiving, or purchasing a firearm. Existing law requires the bureau to seek an emergency order against the holder of a firearms permit if the bureau determines the holder presents an undue hazard to public safety, as specified. This bill would instead authorize the bureau to revoke a firearms permit or seek an emergency order pursuant to those provisions. (2) Existing law, the Private Security Services Act, provides for the licensure and regulation of private patrol operators by the Director of Consumer Affairs, and provides for licensure and regulatory oversight of the act by the bureau. Existing law makes a violation of the act a misdemeanor. Existing law requires the business of each licensee to be operated under the direction of the licensee, if they are qualified, or the person who is qualified to act as the licensee's manager, if the licensee is not qualified. Existing law establishes prescribed requirements for a qualified manager, including demonstrating their qualifications by examination, if required by the director. This bill, on and after January 1, 2025, would require the director to issue a qualified manager certificate to a person who meets those qualifications. The bill would establish requirements for posting a qualified manager certificate, would provide that a qualified manager certificate expires 2 years from the date of issuance, and would establish requirements for renewal of a qualified manager certificate and fees for reinstatement of a revoked qualified manager certificate. The bill would establish initial application, examination, renewal, and delinquency fees for a qualified manager certificate, which would be deposited in the Private Security Services Fund. Existing law requires an applicant for a license as a private patrol operator or their manager to have at least one year of experience as a patrolperson, guard, or watchman, or the equivalent, as specified. This bill would instead require an applicant or their manager to have at least 2 years of experience as a patrolperson, guard, or watchman, or equivalent, as specified, and one year, as specified, as a manager or in an administrative position with a licensed and current private patrol operator. This bill would make other related and conforming changes. (3) Because the bill would expand the scope of a crime under the Private Investigator Act and the Private Security Services Act, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 10/08/23 - Chaptered Current pdf October 08, 2023
• Enrolled 09/11/23 - Enrolled pdf September 11, 2023
• Amended 09/01/23 - Amended Senate pdf September 01, 2023
• Amended 06/20/23 - Amended Senate pdf June 20, 2023
• Amended 04/04/23 - Amended Assembly pdf April 04, 2023
• Introduced 02/16/23 - Introduced pdf February 16, 2023
• AB1244 View text html

Action History

1. October 08, 2023

   Chaptered by Secretary of State - Chapter 571, Statutes of 2023.

2. October 08, 2023

   Approved by the Governor.

3. September 14, 2023

   Enrolled and presented to the Governor at 4:30 p.m.

4. September 07, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0. Page 3049.).

5. September 07, 2023

   Assembly Rule 77 suspended. (Page 3011.)

6. September 06, 2023

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.

7. September 06, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 2. Page 2434.).

8. September 05, 2023

   Read second time. Ordered to third reading.

9. September 01, 2023

   Read second time and amended. Ordered returned to second reading.

10. September 01, 2023

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1).

11. August 14, 2023

    In committee: Referred to APPR suspense file.

12. June 20, 2023

    Read second time and amended. Re-referred to Com. on APPR.

13. June 19, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 19).

14. June 07, 2023

    Referred to Com. on B., P. & E. D.

15. May 26, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

16. May 25, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 1765.)

17. May 18, 2023

    Read second time. Ordered to third reading.

18. May 18, 2023

    From committee: Do pass. (Ayes 14. Noes 0.) (May 18).

19. May 03, 2023

    In committee: Set, first hearing. Referred to APPR. suspense file.

20. April 18, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 18). Re-referred to Com. on APPR.

21. April 05, 2023

    Re-referred to Com. on B. & P.

22. April 04, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

23. March 02, 2023

    Referred to Com. on B. & P.

24. February 17, 2023

    From printer. May be heard in committee March 19.

25. February 16, 2023

    Read first time. To print.

Sponsors

• Holden · Primary

Votes

Subjects