Will California SB 1454 Affect Your Ministry’s Security Team?

What Faith-Based Organizations Need to Know

NOTE: This article is informational only and does not constitute nor is it intended to serve as legal advice to our ministry clients. While we have consulted with our own legal counsel on the development of this article, ministries are strongly encouraged to consult with their own legal counsel to assist them in making a risk management decision that is most appropriate for their organization.

Effective January 1, 2025, a new California Senate Bill (SB 1454) has broadened the range of entities subject to oversight by the Bureau of Security & Investigative Service (BSIS), the state agency that regulates the Alarm, Locksmith, Private Investigator, Private Security Services, and Repossession industries.

The new law strengthens standards and increases regulations regarding “proprietary private security” – security hired directly by an organization rather than through a third-party security firm – by removing long-standing exemptions previously in place for “charitable philanthropic societies or associations” which included ministries and faith-based organizations. The removal of this exemption expands training requirements, licensing procedures, and employer responsibilities for proprietary private security employers and officers, and makes it an infraction for a person to engage in the business of a “proprietary private security officer” or a “proprietary private security employer” unless registered with the BSIS.

What Does “Proprietary Security” Mean?

Let’s begin by looking at the definition of “proprietary security.” A Proprietary Private Security Employer (PSE) is specifically defined by California Business & Professions Code § 7574.01(f) as (1) a person who has one or more employees (2) who provide security services for the employer and only for the employer, regardless if at one or at multiple locations.

A Proprietary Private Security Officer (PSO) is defined by Business & Professions Code § 7574.01(g) as:

• an unarmed individual (i.e., not carrying a weapon as part of their role), and
• who is employed exclusively by one employer, and
• whose primary duty is to provide security services for their employer, and
• whose services are not contracted to any other entity or person, and
• who is not exempted under Business & Professions Code § 7582.2, and
• who is required to wear a distinctive uniform clearly identifying them as a security officer, and
• who is likely to interact with the public while performing their duties.

Think of the unarmed, uniformed security officers that you may have seen posted inside the front doors of retailers like Target or Ross Dress for Less wearing a uniform proprietary to their employer. Note, however, if an organization contracts with a “Private Patrol Operator” – a third-party private security firm – for uniformed security services (even if it’s always the same officer assigned to the same site), this is NOT “proprietary security” because the security officer is not employed directly by the organization they are guarding.

How Does SB 1454 Apply to Ministries?

If a ministry safety team is made up of unpaid volunteers – whether CCW-carrying or not – who are plainclothes (i.e., not wearing a distinctive uniform identifying them as a security officer) and not meeting the definition of Propriety Private Security Officer as spelled out in Business & Professions Code § 7574.01(g), then it’s safe to say that SB 1454 will have no applicability or impact upon that ministry.

Conversely, if a ministry employs one or more unarmed, distinctively-uniformed security officers who have direct interaction with the public and who provide security services exclusively for the ministry, then that ministry – pursuant to text of Business & Professions Code § 7574.01 above – meets the definitions of a Proprietary Private Security Employer employing a Proprietary Private Security Officer, and is therefore subject to BSIS oversight and compliance with the Proprietary Security Services Act (Business & Professions Code §§ 7574 et seq.) In other words, the ministry – previously exempted from the Proprietary Security Services Act (PSSA) as a charitable philanthropic society or association – is no longer exempted and must now comply with applicable provisions of the Proprietary Security Services Act, at least as it relates to their PSO employees.

PSO (Officer) Compliance

Proprietary Private Security Employers must:

• complete and submit an application for PSE with an application fee (~$350)
• provide a Fictitious Business Name (FBN) certificate filed with the County Clerk’s Office, if operating under an FBN
• submit Articles of Incorporation and Statement of Information filed with the California Secretary of State
• provide endorsed Articles of Organization or Application to Register a Foreign LLC, along with a Statement of Information filed with the California Secretary of State, if an LLC applicant
• submit a written request for approval to BSIS Bureau Chief or Deputy Chief if the ministry intends to provide in-house training
• maintain all training records for at least two years
• renew its PSE registration with BSIS every two years

PSE (Employer) Compliance

Proprietary Private Security Officers must:

• be at least 18 years old
• undergo a CA DOJ and FBI criminal history check
• complete specified required training (1) before obtaining a PSO license, (2) within 6 months of PSO registration, and (3) annually
• prior to beginning work as a PSO, obtain a valid Proprietary Private Security Officer registration card
• carry valid photo identification when on-duty
• renew their PSO registration every 2 years   

Summary

If your ministry employs uniformed, unarmed security staff directly – and those staff interact with the public – then yes, it would appear that SB 1454 applies to you.

If your security team is entirely made up of unpaid volunteers who do not meet the legal definition of Proprietary Private Security Officers, you are probably exempt.

Church HR Network will continue to closely monitor this matter and will provide timely updates to our clients should any significant developments arise.

Next Steps for Ministries

• Review BSIS Proprietary Security resources via the links below or visit https://www.bsis.ca.gov/
• Review your current safety team structure to determine if SB 1454 applies
• Seek legal counsel to evaluate your compliance obligations
• Plan for training and registration if required under the new law
• Stay updated by monitoring BSIS guidance (specifically the Proprietary Security Services Act) and church HR best practices

BSIS Resources

• PSE Fact Sheet – BSIS
• PSE Application
• PSO Fact Sheet – BSIS
• PSO Application
• PSO Training: Business & Professions Code § 7574.18
• Security Guard and Proprietary Private Security Officer Training Course