Bill Text: CA AB759 | 2013-2014 | Regular Session | Chaptered
Bill Title: Alarm companies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-05-13 - Chaptered by Secretary of State - Chapter 14, Statutes of 2014. [AB759 Detail]
Download: California-2013-AB759-Chaptered.html
BILL NUMBER: AB 759 CHAPTERED
BILL TEXT
CHAPTER 14
FILED WITH SECRETARY OF STATE MAY 13, 2014
APPROVED BY GOVERNOR MAY 13, 2014
PASSED THE SENATE APRIL 7, 2014
PASSED THE ASSEMBLY APRIL 28, 2014
AMENDED IN SENATE MARCH 28, 2014
AMENDED IN SENATE JANUARY 14, 2014
AMENDED IN SENATE JANUARY 6, 2014
AMENDED IN ASSEMBLY MAY 6, 2013
AMENDED IN ASSEMBLY APRIL 18, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Daly
FEBRUARY 21, 2013
An act to amend Sections 6980.12 and 7590.2 of the Business and
Professions Code, relating to alarm companies, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 759, Daly. Alarm companies.
Existing law provides for the licensure and regulation of
locksmiths and the registration of employees of locksmiths by the
Bureau of Security and Investigative Services in the Department of
Consumer Affairs. Existing law exempts from that regulation and
licensure or registration certain individuals and practices,
including, among others, a person registered with the bureau as an
employee of a repossessor, if the duties of the person that
constitute locksmithing are ancillary to the primary duties and
functions of the person's position. Existing law, the Alarm Company
Act, also provides for the licensure and regulation of alarm company
operators and the certification and registration of employees of
alarm companies, including alarm agents, by the bureau.
This bill would expand the exemption from licensure as a locksmith
or registration as an employee of a locksmith to include a person
who is licensed, certified, or registered with the bureau pursuant to
the Alarm Company Act if the duties of the person that constitute
locksmithing are performed in combination with the installation,
maintenance, moving, repairing, replacing, servicing, or
reconfiguration of an alarm system, as defined, and limited to work
on electronic locks or access control devices that are controlled by
an alarm system control device, including the removal of existing
hardware.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6980.12 of the Business and Professions Code is
amended to read:
6980.12. This chapter does not apply to the following persons:
(a) A person, or his or her agent or employee, who is the
manufacturer of a product, other than locks and keys, and who
installs, repairs, opens, or modifies locks or who makes keys for the
locks of that product as a normal incident to its marketing.
(b) An employee who is an industrial or institutional locksmith,
provided that the employee provides locksmith services only to a
single employer that does not provide locksmith services for hire to
the public for any consideration or compensation whatsoever.
(c) A tow truck driver who does not originate keys for locks and
whose locksmith services are limited to opening motor vehicles.
(d) A person employed exclusively and regularly by a state
correctional institution, or other state or federal agency, and who
does not provide locksmith services for hire to the public for any
consideration or compensation whatsoever.
(e) (1) A person registered with the bureau pursuant to Chapter 11
(commencing with Section 7500) if the duties of that person's
position that constitute locksmithing are ancillary to the primary
duties and functions of that person's position.
(2) A person licensed, certified, or registered pursuant to
Chapter 11.6 (commencing with Section 7590) if the duties of that
person's position that constitute locksmithing are performed in
combination with the installation, maintenance, moving, repairing,
replacing, servicing, or reconfiguration of an alarm system, as
defined in subdivision (n) of Section 7590.1, and limited to work on
electronic locks or access control devices that are controlled by an
alarm system control device, including the removal of existing
hardware.
(f) An agent or employee of a retail establishment that has a
primary business other than providing locksmith services, providing
all of the following criteria are met:
(1) The services provided by the retail establishment are limited
to rekeying and recombination of locks.
(2) All rekeying, recombination, and installation of locks must
take place on the premises of the retail establishment.
(3) All rekeying, recombination, and installation services
provided by the retail establishment subject to this chapter are
limited to locks purchased on the retail establishment's premises and
are conducted prior to purchasers taking possession of the locks.
(4) An unlicensed agent or employee of the retail establishment
shall not advertise or represent himself or herself to be licensed
under this chapter, and an agent or employee of the retail
establishment shall not advertise or represent himself or herself to
be a locksmith.
(5) An agent or employee of the retail establishment shall not
design or implement a master key system, as defined in subdivision
(o) of Section 6980.
(6) An agent or employee of the retail establishment shall not
rekey, change the combination of, alter, or install any automotive
locks.
(7) The retail establishment shall not have on its premises any
locksmith tool, as defined in subdivision (s) of Section 6980, other
than the following:
(A) Standard key duplication machines.
(B) Key blanks.
(C) Pin kits.
(g) A law enforcement officer employed by any city, county, city
and county, state, or federal law enforcement agency, if all services
are performed during the course of the officer's professional
duties.
(h) A firefighter or emergency medical person employed by any
city, county, city and county, district, or state agency, if all
services are performed during the course of duties as a firefighter
or emergency medical person.
(i) A new motor vehicle dealer, as defined in Section 426 of the
Vehicle Code, and an employee of a new motor vehicle dealer acting
within the scope of employment at a dealership.
SEC. 2. Section 7590.2 of the Business and Professions Code is
amended to read:
7590.2. (a) An "alarm company operator" means a person who, for
any consideration whatsoever, engages in business or accepts
employment to install, maintain, alter, sell on premises, monitor, or
service alarm systems or who responds to alarm systems except for
any alarm agent. "Alarm company operator," includes any entity that
is retained by a licensed alarm company operator, a customer, or any
other person or entity, to monitor one or more alarm systems, whether
or not the entity performs any other duties within the definition of
an alarm company operator. The provisions of this chapter, to the
extent that they can be made applicable, shall be applicable to the
duties and functions performed in monitoring alarm systems.
(b) A person licensed as an alarm company operator may not conduct
any investigation or investigations except those that are incidental
to personal injury, or the theft, loss, embezzlement,
misappropriation, or concealment of any property, or any other thing
enumerated in this section, which he or she has been hired or engaged
to protect.
(c) A person who is licensed, certified, or registered pursuant to
this chapter is exempt from locksmithing requirements, pursuant to
subdivision (e) of Section 6980.12, if the duties performed that
constitute locksmithing are performed in combination with the
installation, maintenance, moving, repairing, replacing, servicing,
or reconfiguration of an alarm system, as defined in subdivision (n)
of Section 7590.1, and limited to work on electronic locks or access
control devices that are controlled by an alarm system control
device, including the removal of existing hardware.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to assure prompt access to, and the ability to promptly
secure, residential and business properties using alarm systems with
automated locking features, it is necessary that this act take effect
immediately.
