2009 California Business and Professions Code - Section 7574-7574.9 :: Chapter 11.4. Proprietary Security Services Act

7574.  This chapter may be cited as the Proprietary Security
Services Act.

7574.1.  A proprietary private security officer, as used in this
chapter, is an unarmed individual who is employed exclusively by any
one employer whose primary duty is to provide security services for
his or her employer, whose services are not contracted to any other
entity or person, and who is not exempt pursuant to Section 7582.2,
and who meets both of the following criteria:
   (a) Is required to wear a distinctive uniform clearly identifying
the individual as a security officer.
   (b)  Is likely to interact with the public while performing his or
her duties.

7574.2.  A person who meets the definition of a proprietary private
security officer shall register with the Department of Consumer
Affairs, subject to the adoption of reasonable rules by the director.
Those rules shall include, but are not limited to, the following
criteria:
   (a) Background checks as described in Section 7583.9.
   (b) Payment of an application fee.

7574.3.   Section 7574.2 shall apply on and after July 1, 2006, to
any person hired as a proprietary private security officer on and
after January 1, 2006. For a person hired as a proprietary private
security officer before January 1, 2006, the section shall apply on
and after January 1, 2007.

7574.4.  (a) A person registered with the department under this
chapter may request a review by the private security disciplinary
review committee, as established in Section 7581.1, to contest the
assessment of an administrative fine or to appeal a denial,
revocation, or suspension of a registration unless the denial,
revocation, or suspension is ordered by the director in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code.
   A request for a review shall be by written notice to the
department within 30 days of the issuance of the citation and
assessment, denial, revocation, or suspension.
   Following a review by a disciplinary review committee, the
appellant shall be notified within 30 days, in writing, by regular
mail, of the committee's decision.
   If the appellant disagrees with the decision made by a
disciplinary review committee, he or she may request a hearing in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code. A request for a
hearing following a decision by a disciplinary review committee shall
be by written notice to the department within 30 days following
notice of the committee's decision.
   If the appellant does not request a hearing within 30 days, the
review committee's decision shall become final.
   (b) Notwithstanding subdivision (a), where a hearing is held under
this chapter to determine whether an application for registration
should be granted, the proceedings shall be conducted in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code, and the director shall have all
of the powers granted therein.

7574.5.  (a) Except for a person who has completed the course of
training required by Section 7583.45, a person registered pursuant to
this chapter shall complete training in security officer skills
within six months from the date upon which evidence of registration
is issued, or within six months of his or her employment with a
proprietary private security officer employer.
   (b) A course provider shall issue a certificate to a proprietary
private security officer upon satisfactory completion of a required
course, conducted in accordance with the department's requirements.
An employer of a proprietary private security officer may provide
training programs and courses in addition to the training required in
this section.
   (c) The department shall develop and approve by regulation a
standard course and curriculum for the skills training required by
subdivision (a) to promote and protect the safety of persons and the
security of property. For this purpose, the department shall, before
June 30, 2008, convene an advisory committee consisting of security
directors at proprietary facilities, including, but not limited to,
sports or entertainment complex owners, retailers, and restaurants,
labor organizations representing security officers, law enforcement
representatives, representatives of the Commission on Peace Officer
Standards and Training, subject matter experts, and other interested
parties in order to develop a curriculum for the training of
proprietary security officers that features skills, courses, and a
minimum number of hours of instruction appropriate to a proprietary
private security officer's worksite or industry. The advisory
committee shall not include any representation from private patrol
operators, or any trade association representing private patrol
operators or security guards or officers.
   (d) The course of training required by subdivision (a) may be
administered, tested, and certified by any proprietary private
security officer employer, organization, or school approved by the
department. The department may approve any proprietary private
security officer employer, organization, or school to teach the
course.
   (e) (1) On and after January 1, 2009, a proprietary private
security officer employer shall annually provide each employee
registered pursuant to this chapter with specifically dedicated
review or practice of security officer skills prescribed in the
course required in this section. The minimum number of hours shall be
established by regulation pursuant to the recommendations of the
advisory committee.
   (2)  A proprietary private security officer employer shall
maintain at the principal place of business or branch office a record
verifying completion of the review or practice training for a period
of not less than two years. The records shall be available for
inspection by the department upon request.
   (f) This section does not apply to a peace officer as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code who has successfully completed a course of study in the
exercise of the power to arrest approved by the Commission on Peace
Officer Standards and Training. This section does not apply to
armored vehicle guards.

7574.7.   Section 7574.5 shall apply on and after July 1, 2009, to
any person hired as a proprietary private security officer on and
after January 1, 2009. For a person hired as a proprietary private
security officer before January 1, 2009, that section shall apply on
and after January 1, 2010.

7574.9.  This chapter shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.