General - Proprietary Security Services - Business & Professions - CA

Section § 7574

This part of the law is officially called the Proprietary Security Services Act.

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

Proprietary Security Services Act chapter citation security services

Section § 7574.01

This section defines important terms used in related laws about security and investigative services. The "Bureau" refers to the Bureau of Security and Investigative Services, while "Chief" is the head of that bureau. "Director" is usually the Director of Consumer Affairs. A "federally recognized tribe" is a tribe in California listed under federal law. "Person" can mean an individual or an organization. A "proprietary private security employer" hires security staff for their own use, not to contract out. These security officers must wear a uniform and typically interact with the public. "Registrant" refers to anyone registered under these laws.

For the purposes of this chapter, the following terms shall have the following meanings:

(a) “Bureau” means the Bureau of Security and Investigative Services.

(b) “Chief” means the Chief of the Bureau of Security and Investigative Services.

(d) “Federally recognized tribe” means a tribe located in this state and included on the list published in the Federal Register pursuant to the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. Sec. 5131) and includes an entity controlled by and established for the benefit of one or more tribes.

(e) “Person” includes any individual, firm, company, association, organization, partnership, and corporation.

(f) “Proprietary private security employer” means a person who has one or more employees who provide security services for the employer and only for the employer. A person who employs proprietary private security officers pursuant to this chapter at more than one location shall be considered a single employer.

(g) “Proprietary private security officer” means an unarmed individual who is employed exclusively by any one employer whose primary duty is to provide security services for their 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:

(1) Is required to wear a distinctive uniform clearly identifying the individual as a security officer.

(2) Is likely to interact with the public while performing their duties.

(h) “Registrant” means an individual registered with the bureau under this chapter.

Bureau of Security and Investigative Services Chief of Bureau Director of Consumer Affairs

Section § 7574.02

This law section says that the director is responsible for making sure the rules in this chapter are followed and carried out.

The director shall administer and enforce the provisions of this chapter.

director administer enforce

Section § 7574.03

This law says that any authority or tasks given to the director of the Department of Consumer Affairs can also be handled by other officers or employees in the department, as long as the director allows it. However, the ultimate responsibility and oversight for these tasks still rest with the director.

Every power granted or duty imposed upon the director under this chapter may be exercised or performed by any other officer or employee of the Department of Consumer Affairs as authorized by the director, however, the director shall have the supervision of and the responsibility for all powers and duties exercised by those officers and employees.

Director authority Department of Consumer Affairs supervision responsibility

Section § 7574.04

This law allows the director to hire and pay inspectors, investigators, and other staff needed to enforce the rules of this chapter, following certain state civil service laws and rules.

The director may, in accordance with the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code) and subject to the provisions of Section 159.5, appoint and fix the compensation of inspectors, investigators, and other personnel as may be necessary for the enforcement of this chapter.

director appoint personnel inspectors

Section § 7574.05

The director has the authority to create rules needed to manage and enforce the guidelines set out in this chapter.

The director may adopt regulations as necessary for the administration and enforcement of this chapter.

director authority adopt regulations administration

Section § 7574.06

This law states that any fees and fines collected for services related to proprietary private security must be put into a special fund called the Private Security Services Fund. The money from this fund is used only for managing and regulating proprietary private security officers and their employers.

(a) All fees and fines collected pursuant to this chapter shall be deposited in the Private Security Services Fund.

(b) All money derived from the registration and regulation of proprietary private security officers and proprietary private security employers registered under this chapter shall be expended exclusively on the registration and regulation of proprietary private security officers and proprietary private security employers.

Private Security Services Fund fees and fines registration

Section § 7574.08

This law section specifies that the rules outlined in this article took effect starting January 1, 2011.

This article shall become operative on January 1, 2011.

effective date January 1 2011

Section § 7574.09

This section is about managing how much money a bureau keeps on hand. The law says the bureau shouldn't keep more money than it needs for its expenses. Also, the bureau has to regularly check if the fees they charge are fair and match the costs of regulating activities under their control.

It is the intent of the Legislature, consistent with Section 128.5 of the Business and Professions Code, that the bureau shall not maintain a reserve balance of funds greater than the amount necessary to fund operating expenses of the bureau and that the bureau shall periodically review fees pursuant to this chapter to evaluate the appropriateness of each fee and the regulatory costs associated with each fee.

bureau reserve balance operating expenses periodic fee review