The answer to this question may surprise you. Many large associations and associations with manned entry gates hire their own security guards rather than contracting with third party security companies. Under new legislation in California (which will become effective on January 1, 2011), these associations, in addition to their private security guards, will be required to register with the State. Private security guards will also be required to complete approved training courses.
This year SB 741 was proposed and approved by the California Legislature. This bill revised and added various provisions to the Proprietary Security Services Act set forth in the California Business and Professions Code. The effect of these changes is as follows:
- Proprietary Private Security Employers must register with the Department of Consumer Affairs.
- Proprietary Private Security Officers must register with the Department of Consumer Affairs.
- Proprietary Private Security Officers must complete training in security officer skills within six (6) months of the date registration is issued or within six (6) months of employment by a proprietary private security employer.
A proprietary private security employer is defined in the new law to include persons or entities who have one or more employees who provide security services for the employer and only for the employer. Unfortunately the new laws do not define what constitutes “security services,” but these arguably include many services provided by “security guards” or “patrols” at an association. Chances are that if your association hires anyone who arguably provides any security-type services exclusively for your association, it will be considered a proprietary private security employer.
A proprietary private security officer is defined in the new law as an unarmed individual who:
- Is employed exclusively by any one employer
- Has a primary duty is to provide security services for his or her employer
- Provides services not contracted to any other entity or person
- Is not exempt under Section 7582.2 (various exceptions)
- Is required to wear a distinctive uniform identifying the person as a security officer
- Is likely to interact with the public while performing duties
A proprietary private security employer is required to register and pay a $75 registration fee. The registration lasts for two years and can be renewed thereafter at a cost of $35. In addition to registering, proprietary private security employers must also:
- Maintain an accurate and current record of the name, address, commencing date of employment and position of each proprietary private security officer and the date of termination of employment if terminated.
- Maintain an accurate and current record of proof of completion by the officer of the required training and an archive of such training for at least two years.
A proprietary private security officer is required to register and pay a $50 registration fee. The registration lasts for two years and can be renewed for a cost of $35. The proprietary private security officer must also:
- Complete an approved training course within six months of registration being issued or within six months of employment with a proprietary private security employer.
- Carry with them while on duty a valid and current proprietary private security officer registration card or a hard copy printout of the bureau’s approval form and a valid driver’s license or government issued ID card.
The penalties for not complying with these requirements for proprietary private security officers includes fines between $250 and $1000 and, depending on the circumstances, could include additional penalties.
While these new laws do not apply to associations who contract with outside sources for their security patrols, if your association directly employs any security officers, steps should be taken in the year 2010 to ensure compliance when these new laws become effective on January 1, 2011. If your association needs assistance, please feel free to contact our office.