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Current Status Bill Number:View additional legislative information at the LPITS web site.578 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010411 Primary Sponsor:Bauer All Sponsors:Bauer Drafted Document Number:l:\council\bills\nbd\11418ac01.doc Companion Bill Number:3773 Residing Body:Senate Current Committee:Labor, Commerce and Industry Committee 12 SLCI Subject:Burglar alarm system businesses; licensing, training, continuing education courses; Labor, Licensing and Regulation History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20010412 Companion Bill No. 3773 Senate 20010411 Introduced, read first time, 12 SLCI referred to Committee Versions of This Bill
TO AMEND SECTION 40-79-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO REQUIRE AN APPLICANT TO OBTAIN A CERTIFICATE OF COMPLETION OF TRAINING OR COURSE WORK FROM THE NATIONAL TRAINING SCHOOL OR THE NICET; TO AMEND SECTION 40-79-240, RELATING TO LICENSE RENEWAL REQUIREMENTS, SO AS TO REQUIRE TWELVE HOURS OF CONTINUING EDUCATION FOR RENEWAL; AND TO ADD SECTION 40-79-245 SO AS TO REQUIRE CONTINUING EDUCATION COURSES TO BE APPROVED BY THE BOARD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-79-230 of the 1976 Code, as added by Act 367 of 2000, is amended to read:
"Section 40-79-230. (A) An entity desiring to carry on or engage in an alarm system business shall submit an application to the Department of Labor, Licensing and Regulation. The owner, partners, or president, as appropriate, must sign the application. The primary qualifying party must also sign the application.
(B) To qualify for a license, the applicant must:
(1) submit a completed application as prescribed by the board;
(2) satisfy the examination requirements prescribed by the board;
(3) have a certificate of completion from the National Training School for Level I training or a NICET II training course;
(4) submit proof that the applicant's primary qualifying party is a full- time employee in a management position;
(4)(5) submit a criminal background check of the entity's principal officers, all qualifying parties, and registered employees. The background check must indicate that these individuals are at least eighteen years of age and have not been convicted of any criminal act or committed any acts which are grounds for the denial of a license under this chapter;
(5)(6) submit all documentation required by the department pursuant to the requirements of this chapter;
(6)(7) pay all fees;
(7)(8) the applicant must submit a list of all qualifying parties, registered employees, and branch offices in order to be licensed by the department;
(8)(9) upon the cancellation of an alarm license, the licensee must complete an initial application, pay the appropriate fees, and be issued a new license number; and
(9)(10) the department may provide for an alarm system business license that permits the holder to participate in the burglar alarm system or fire alarm system business, or both."
SECTION 2. Section 40-79-240 of the 1976 Code, as added by Act 367 of 2000, is amended to read:
"Section 40-79-240. (A) A licensee shall apply to the department for license renewal every two years before the license expiration date on a form prescribed by the board. Renewal applications not postmarked by the expiration date result in a lapsed license. An entity which fails to renew and which continues to engage in the alarm business is deemed to be practicing without a license and subject to the penalties prescribed in this chapter.
(B)(1) For license renewal a licensee must demonstrate completion of a minimum of twelve hours of continuing education obtained through courses approved by the board, in accordance with Section 40-79-245, and which must have been taken during the expiring licensure period.
(2) A nonresident must comply with the continuing education requirements provided for in subsection (B)(1) and submit course information for approval on a case-by-case basis in accordance with Section 40-79-245.
(C) An alarm business license not renewed after ninety days from the expiration date must not be considered for renewal, and the license must be canceled. To obtain a license after a license is canceled, the applicant must complete an initial application form and pay the applicable fees. An examination is not required if the qualifying party otherwise satisfies the licensing requirements.
(C)(D) All employees that are required to have a criminal background check must submit a new background check upon conviction of a crime.
A registered individual failing to qualify according to the requirements of this chapter may submit a request to the board within ten days of receipt of denial of renewal for consideration of a waiver for failure to meet the requirements of this chapter.
This individual must be allowed to continue to work under strict supervision of the alarm business until the board makes a decision on a timely waiver request.
(D)(E) At the first renewal after enactment of this chapter, a licensee licensed as of January 1, 2001, shall elect to subsequently be licensed as a burglar alarm system business, fire alarm system business, or both. Upon the next renewal, an applicant must meet all qualifications for licensure in both businesses, including examination, in order to be licensed in both alarm businesses.
(E)(F) A burglar alarm licensee must submit documentation of a current comprehensive general liability insurance policy with each license renewal in an amount provided for in Section 40-79-250.
(F)(G) A license, certification, or registration may be canceled upon subsequent discovery of facts which if known at the time of issuance of renewal could have been grounds to deny the issuance of renewal, pending review by the board."
SECTION 3. The 1976 Code is amended by adding:
"Section 40-79-245. A continuing education course must be approved by the board to qualify for credits for license renewal. A person proposing to offer a course shall submit to the board the:
(1) nature and purpose of the course;
(2) course objectives or goals;
(3) outline of the course, including the number of training hours for each segment; and
(4) identity and qualifications of the instructor.
The board shall review this information and determine if it satisfies standards and objectives promulgated by the board in regulation."
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