Amended
IN
Senate
June 20, 2023 |
Amended
IN
Assembly
April 04, 2023 |
Introduced by Assembly Member Holden |
February 16, 2023 |
Existing
This bill, on and after January 1, 2025, would require a qualified manager under those acts to hold a current and valid qualified manager’s certificate issued by the director, and would require the director to issue a qualified manager’s certificate to a person who meets the requirements of the act, as applicable. The bill, on and after January 1, 2025, would establish requirements for renewing a qualified manager certificate, and would establish application, examination, renewal, and delinquency fees for a qualified manager certificate, which would be deposited in the Private Security Services Fund.
Existing law requires a licensee under the acts to obtain a branch office certificate to advertise or conduct business from a location
other than that shown on the records of the bureau as their principal place of business.
This bill would require a branch office certificate to be posted below the private investigator operator’s license or private patrol operator’s license, as applicable. This bill, on and after January 1, 2025, would require a qualified manager’s certificate to be posted below the branch office certificate.
(a)The business of each licensee shall be operated under the active direction, control, charge, or management, in this state, of the licensee, if they are qualified, or the person who is qualified to act as the licensee’s qualified manager, if the licensee is not qualified.
(b)No person shall act as a qualified manager of a licensee until they have complied with each of the following:
(1)Demonstrated their qualifications by a written or oral examination, or a combination of both, if required by the director.
(2)Made a satisfactory showing to the director that they have the qualifications prescribed in Section 7526 and that none of the facts stated in Section 7538 or 7538.5 exist as to them.
(c)The director shall issue a qualified manager certificate to any person meeting the requirements of this section. The certificate of the qualified manager shall be prominently displayed below the private investigator operator’s license at the principal place of business. If the principal place of business is outside of this state, then the certificate of the qualified manager shall be posted below the branch office certificate at each branch office.
(d)A qualified manager certificate issued pursuant to this section shall expire at midnight on the last day of the month two years following the date of issuance unless renewed. To renew an unexpired certificate, the qualified manager shall apply for renewal on a form prescribed by the director, pay all fines assessed to the certificate, and pay the renewal fee as
provided in this chapter. To renew an expired certificate, the qualified manager shall apply for renewal on a form prescribed by the director and pay all fines assessed to the certificate, the renewal fee, and the delinquency fee as provided in this chapter.
(e)A person shall not act as a qualified manager of more than five licensees. The person acting as a qualified manager shall share equally with the licensee the responsibility and any liability for the conduct of the business of the licensee and the actions of the employees and other personnel of the licensee.
(f)Any person acting as a qualified manager of a licensee shall be the holder of a qualification certificate issued by the bureau. The certificate, together with the current renewal certificate, shall be predominantly displayed below the private investigator’s license.
(g)This section shall become operative on January 1, 2025.
(e)(1)If a firearms qualification card is denied on the basis of the results of an assessment pursuant to Section 7583.47, the denial shall be in writing and shall describe the basis for the denial. The denial shall inform the applicant that if the applicant desires to contest the denial, the applicant shall request a hearing within 30 days of the issuance of the denial.
(2)Appeals of denials pursuant to this subdivision shall be in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(f)
(g)This section shall become operative on January 1, 2023.
(e)The bureau shall not issue a firearm permit pursuant to this chapter to a licensee or a qualified manager who, within the past 12 months, has been assessed pursuant to Section 7583.47 and found incapable of exercising appropriate judgment, restraint, and self-control for the purposes of carrying and using a firearm during
the course of his or her duties as a security guard.
(d)An applicant who is denied a firearm permit renewal based upon subdivision (a) may reapply for the permit after the prohibition expires. The bureau shall treat this as an initial application and shall follow the screening process specified in Section 7542.3.
The fees prescribed by this chapter are as follows:
(a)The application and examination fee for an original license shall be at least three hundred forty dollars ($340) and may be increased to not more than three hundred seventy-four dollars ($374).
(b)The application fee for an original branch office certificate shall be at least ninety dollars ($90) and may be increased to not more than ninety-nine dollars ($99).
(c)The fee for an original license for a private investigator shall be at least three hundred eighty-five dollars ($385) and may be increased to not more than four hundred twenty-four dollars ($424).
(d)The initial application and examination fee for an original license for a qualified manager certificate shall be at least three hundred fifty dollars ($350) and may be increased to an amount not to exceed three hundred eighty-five dollars ($385).
(e)The renewal fee is as follows:
(1)For a license as a private investigator, the fee shall be at least two hundred sixty-five dollars ($265) and may be increased to not more than two hundred ninety-two dollars ($292).
(2)For a branch office certificate for a private investigator, the fee shall be at least sixty-five dollars ($65) and may be increased to not more than seventy-two dollars ($72).
(f)The delinquency fee for a license, registration,
or certificate is 50 percent of the renewal fee in effect on the date of expiration.
(g)A reinstatement fee is equal to the amount of the renewal fee plus the regular delinquency fee.
(h)The fee for reexamination of an applicant or their qualified manager shall be at least sixty dollars ($60) and may be increased to not more than sixty-six dollars ($66).
(i)The processing fee for the assignment of a license pursuant to Section 7530 shall be at least four hundred dollars ($400) and may be increased to not more than four hundred forty dollars ($440).
(j)The firearms permit fee shall be at least one hundred dollars ($100), but shall not exceed one hundred ten dollars ($110).
(k)The
firearms permit renewal fee shall be at least eighty dollars ($80), but shall not exceed eighty-eight dollars ($88).
(l)The replacement fee for a lost or destroyed registration card, license, certificate, or permit authorized by this chapter shall be twenty-five dollars ($25). A request to replace a lost or destroyed registration card, license, certificate, or permit shall be made in the manner prescribed by the bureau.
(m)The fee for a Certificate of Licensure, as specified in Section 7528, shall be twenty-five dollars ($25).
(n)The fee for an endorsed verification of licensure, certification, or permit shall be twenty-five dollars ($25). The verification document shall include the history and current status of the license, certificate, or permit number, the date of the endorsement, an embossed seal, and the
signature of the chief.
(o)The reinstatement fee following a suspension pursuant to subdivision (e) of Section 7520.3 shall be no more than 50 percent of the renewal fee.
(p)The reinstatement fee following a suspension pursuant to Section 7561.2 shall be 25 percent of the renewal fee.
(q)A renewal fee for a qualified manager certificate shall be at least two hundred twenty-five dollars ($225) and may be increased to an amount not to exceed two hundred forty-eight dollars ($248).
(r)This section shall become operative on January 1, 2025.