S 581 Session 109 (1991-1992)
S 0581 General Bill, By Drummond
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
40-17-55 so as to provide the qualifications of applicants and requirements of
applications for private detective businesses; to amend Section 40-17-20,
relating to definitions in the Private Detective and Private Security Agencies
Act, so as to change the reference to licensed private detective to registered
private detective; to amend Section 40-17-30, relating to the powers and
duties of the Chief of the South Carolina Law Enforcement Division, so as to
provide separate powers and duties for private security and detective
businesses; to amend Section 40-17-50, relating to qualifications of
applicants and requirements of applications for private security and detective
businesses, so as to delete references to private detective businesses and the
character requirement; to amend Section 40-17-60, relating to bonds of
applicants, so as to provide for the bond requirements to apply to private
security businesses; to amend Section 40-17-70, relating to licenses for
private detective and security businesses, so as to provide for registration
instead of licensing of private detectives and delete the character
requirement; to amend Section 40-17-80, relating to registration of employees
of licensees, so as to delete the references to agents and character; to amend
Section 40-17-120, relating to permits to carry firearms, so as to change the
reference to licensed private detective to registered private detective; to
amend Section 40-17-140, relating to suspension and revocation of licenses and
registrations, so as to provide for the Section to apply to registered private
detectives; and to reauthorize the existence of the Private Detective and
Private Security Program for six years.
02/05/91 Senate Introduced and read first time SJ-7
02/05/91 Senate Referred to Committee on Judiciary SJ-8
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 40-17-55 SO AS TO PROVIDE THE
QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF
APPLICATIONS FOR PRIVATE DETECTIVE BUSINESSES; TO
AMEND SECTION 40-17-20, RELATING TO DEFINITIONS IN THE
PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES
ACT, SO AS TO CHANGE THE REFERENCE TO LICENSED
PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE;
TO AMEND SECTION 40-17-30, RELATING TO THE POWERS
AND DUTIES OF THE CHIEF OF THE SOUTH CAROLINA LAW
ENFORCEMENT DIVISION, SO AS TO PROVIDE SEPARATE
POWERS AND DUTIES FOR PRIVATE SECURITY AND
DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-50,
RELATING TO QUALIFICATIONS OF APPLICANTS AND
REQUIREMENTS OF APPLICATIONS FOR PRIVATE SECURITY
AND DETECTIVE BUSINESSES, SO AS TO DELETE
REFERENCES TO PRIVATE DETECTIVE BUSINESSES AND THE
CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-60,
RELATING TO BONDS OF APPLICANTS, SO AS TO PROVIDE
FOR THE BOND REQUIREMENTS TO APPLY TO PRIVATE
SECURITY BUSINESSES; TO AMEND SECTION 40-17-70,
RELATING TO LICENSES FOR PRIVATE DETECTIVE AND
SECURITY BUSINESSES, SO AS TO PROVIDE FOR
REGISTRATION INSTEAD OF LICENSING OF PRIVATE
DETECTIVES AND DELETE THE CHARACTER REQUIREMENT;
TO AMEND SECTION 40-17-80, RELATING TO REGISTRATION
OF EMPLOYEES OF LICENSEES, SO AS TO DELETE THE
REFERENCES TO AGENTS AND CHARACTER; TO AMEND
SECTION 40-17-120, RELATING TO PERMITS TO CARRY
FIREARMS, SO AS TO CHANGE THE REFERENCE TO LICENSED
PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE;
TO AMEND SECTION 40-17-140, RELATING TO SUSPENSION
AND REVOCATION OF LICENSES AND REGISTRATIONS, SO AS
TO PROVIDE FOR THE SECTION TO APPLY TO REGISTERED
PRIVATE DETECTIVES; AND TO REAUTHORIZE THE
EXISTENCE OF THE PRIVATE DETECTIVE AND PRIVATE
SECURITY PROGRAM FOR SIX YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-17-55. (A) A person or corporation desiring
to carry on a private detective business in this State shall register with
the division. The division may register a person or corporation whose
head has not:
(1) been convicted of a felony or crime involving moral
turpitude.
(2) committed an act constituting dishonesty or fraud.
(B) The application for registration must be made in writing,
under oath, on a form furnished by the division. The application must
state the applicant's full name, age, date and place of birth, residences
and employment within the past five years, and present occupation with
the names and addresses of employers, the date and place of conviction
of a crime, and additional information the division requires to investigate
the integrity of the applicant. The applicant shall submit with the
application one set of fingerprints on forms specified and furnished by
the division and a photograph in color, two inches wide by three inches
high, taken within six months before the application. The application
must contain additional information and documentation the division may
require by regulation."
SECTION 2. Section 40-17-20 of the 1976 Code is amended to read:
"Section 40-17-20. As used in this chapter, unless the context
otherwise requires, the term:
(a)(1) `Private detective business' means engaging
in the business of or accepting employment to obtain or furnish
information with reference to the:
(1)(a) The identity, habits, conduct,
business, occupation, honesty, integrity, credibility, knowledge,
trustworthiness, efficiency, loyalty, activity, movement, whereabouts,
affiliations, associations, transactions, acts, reputation, or
character of any a person;
(2)(b) The location,
disposition, or recovery of lost or stolen property;
(3)(c) The cause or responsibility for
fires, libels, losses, accidents, damage, or injury to persons or
property; or
(4)(d) The securing of
evidence to be used before any a civil court, a
board, an officer, or an investigating
committee. Any evidence Evidence of criminal action
or involvement shall must be reported by the
licensed registered private detective to the Chief of the
South Carolina Law Enforcement Division.
Private detective business shall does not include
persons employed exclusively and regularly by only one employer in
connection with the affairs of such the employer only
and where there exists an employer-employee relationship unless the
employer is in the detective business.
(b)(2) `Private security business' means engaging
in the business as or accepting employment as a private patrol,
watchman, or guard service for consideration on a private
contractual basis and not as an employee. Private security business
shall does not include persons employed exclusively
and regularly by only one employer in connection with the affairs of
such the employer only and where there exists an
employer-employee relationship unless the employer is in the private
security business.
(c)(3) `Division' means Chief of the South
Carolina Law Enforcement Division."
SECTION 3. Section 40-17-30 of the 1976 Code is amended to read:
"Section 40-17-30.(A) The chief of the South
Carolina Law Enforcement division shall have has
the following powers and duties as they relate to the practice of
private security businesses:
(1) To determine the qualifications of applicants for
licenses or registration under the provisions of this chapter;
(2) To investigate alleged violations of the
provisions of this chapter and any rules and regulations
adopted promulgated by the division;
(3) To promulgate all rules and regulations
necessary in carrying out the provisions of this chapter;
(4) To establish and enforce standards governing the
safety and conduct of persons licensed and registered under the
provisions of this chapter.
(5) To conduct training seminars for the purposes
of training to train individuals to be training officers and
to train of employees of or and applicants
for employment with and issue licenses to insure that
they have requisite knowledge and skills necessary to the
private detective and private security business
businesses. The fee for attending such seminars shall
be is sixty dollars, and it shall
must be retained by the division for the purpose of
defraying to defray the costs of conducting the seminars.
(B) Individuals who engage in the private detective business
are not required to be licensed but shall register with the division as
provided by this chapter. The chief of the division has the following
powers and duties as they relate to the practice of private detective
businesses:
(1) determine the eligibility of applicants for registration under
this chapter;
(2) investigate alleged violations of this chapter and
regulations promulgated by the division;
(3) promulgate regulations necessary to carry out this
chapter."
SECTION 4. Section 40-17-50 of the 1976 Code is amended to read:
"Section 40-17-50. (a)(A) Except as
provided in Section 40-17-40, any a person or
corporation desiring to carry on a detective business or private
security business in this State shall make a verified application in writing
to the division for a license therefor.
(b)(B) The division may grant a license to
any a person who or corporation meeting
the following qualifications whose head:
(1) That he is at least eighteen years of
age.;
(2) That he is a citizen of the United
States.;
(3) That he is of good moral character.
(4) That he has not been convicted of a felony
or some other crime involving moral turpitude.;
(5)(4) That he has not committed an act
constituting dishonesty or fraud.;
(6)(5) That he has satisfied the division
that his private detective business or private security business
has a competent training officer and an adequate training program with
a curriculum approved by the division or that adequate training will be
obtained from another source.;
(7)(6) That he has had at least two
years' experience as a private detective with a licensed detective agency,
or two years' experience as a supervisor or administrator in
industrial security or with a licensed private security agency, or at
least two years' experience as a member of the Federal Bureau of
Investigation, or as a member of any state, county, or
municipal police department, or in lieu thereof comply with such
law enforcement. This item is satisfied if he complies with
other requirements as the division may establish by regulation.
(8)(7) That he meets such other
qualifications as the division may establish by regulation.
(c)(C) The application for a license shall
must be made in writing, under oath, on a form to be
furnished by the division. The application shall It must
state the applicant's full name, age, date and place of birth, residences
and employment within the past five years and his present occupation
with the names and addresses of employers, the date and place of
conviction of any a crime, and such
additional information as the division requires to investigate the
qualification, character, competency, and integrity of
the applicant. Each The applicant shall submit with the
application one set of fingerprints on forms specified and furnished by
the division and a photograph in color, two inches wide by three inches
high, taken within six months prior to before the
application. The application shall must contain
such additional information and documentation as the
division may require by regulation."
SECTION 5. Section 40-17-60 of the 1976 Code is amended to read:
"Section 40-17-60. Each An applicant for a
license to operate a private security business shall post with the
division a bond in favor of the State with surety in the amount
of ten thousand dollars. No bond shall may be accepted
for filing unless it is with a surety company authorized to do business in
this State and conditioned that the principal named therein shall
may not do any an act meriting suspension or
revocation of his license under the provisions of this chapter. In
lieu of a bond, a cash deposit or a deposit of other securities acceptable
to the division of a value of ten thousand dollars shall
must be accepted. Any A person aggrieved by
any an act of the principal named in such
the bond in violation of the provisions of this chapter
may proceed on such the bond against the principal or
surety therein, or both, to recover damages. The aggregate
liability of the surety for all breaches of the conditions of the
bond shall, in no event, may not exceed the amount of
such the bond. The surety on the bond shall have the
right to may cancel such the bond upon
giving thirty days' notice to the division and thereafter shall be
is relieved of liability for any a breach of
condition after the effective date of the cancellation."
SECTION 6. Section 40-17-70 of the 1976 Code is amended to read:
"Section 40-17-70. (a)(A) Upon being
satisfied, after investigation, of the good character, competency
and integrity of an applicant or, if the applicant is an association,
partnership, or corporation, of all the officers
and certain stockholders thereof, the division may grant a license
to conduct such private detective business or the private
security business stated in such the application;
provided, however, that the provisions of.
However, this section shall does not apply to
persons licensed in accordance with Section 40-17-40. Such
The license shall be is for one year and
application for renewal shall must be on a form
furnished by the division.
(b)(B) After investigation, if the division is
satisfied with an applicant's integrity, it shall register him to conduct a
private detective business. The initial and annual renewal
license registration fee for conducting a private
detective business must be set by the division by regulation.
(c)C) The initial and annual renewal license fee for
conducting a private security business must be set by the division by
regulation.
(d) The initial and annual renewal license fee for conducting both
a private detective business and a private security business must be set
by the Division by regulation.
(e)(D) Immediately upon the receipt of a license or
registration certificate issued by the division pursuant to this
chapter, the licensee or registrant shall post and at all times
display such license the certificate in a conspicuous
place at his place of business. A copy or duplicate of the license
certificate shall must be posted conspicuously
posted at each branch office."
SECTION 7. Section 40-17-80 of the 1976 Code is amended to read:
"Section 40-17-80. (a)(A) Any
A licensee may employ as many agents, operators,
assistants, guards, watchmen, or and patrolmen
as he deems considers necessary for the conduct
of his business; provided, such. The
employees shall must be citizens of the United
States, of good moral character and at least eighteen years of
age. Except as provided in Section 40-17-40, immediately upon
hiring any agents, operators, assistants, guards,
watchmen, or and patrolmen, the
licensee shall make application to register such the
employee with the division. Furthermore, such The
guards, watchmen, or and patrolmen may
perform the duties of a security officer without arrest authority or
without weapons authority for a period of twenty days following
the receipt of their application by the division pending the issuance of
their registration. Such The application shall
must be made on forms furnished by the division, and,
under oath, the employee shall give his name, address, date and place of
birth, employment for the past five years, experience in the position
applied for, all arrests and convictions for violations of the
law, and such other information as the division
may require, by regulation, to properly
investigate properly the character, competency and
integrity of the employee. The application for registration shall
must be accompanied by one set of fingerprints of the employee
and one photograph of the employee in color, two inches wide by three
inches high, full-face, without head covering, taken within six months
prior thereto before the application. No person
shall may be approved for employment who has been
convicted of a felony or any crime involving moral turpitude that
would tend to question his honesty and integrity, or who is an
alcoholic, a drifter, a vagrant, or a
person with a record of mental illness and has not been restored to legal
capacity, or who has been discharged from the military service
under other than honorable conditions, or who has been refused
a license under the provisions of this act chapter
for any reason except other than minimum
experience, or whose license, having been granted, has
been revoked or is under suspension. Upon being satisfied of the
suitability of the applicant for employment, and that the
applicant has completed an acceptable training program, the division
shall register the employee and so notify the licensee. The licensee shall
notify the division within five days of the termination of employment of
any registered employees. The division may waive the
submission of fingerprints and photographs for any an
employee who has been employed by a person licensed under this
act chapter within the previous six months. Such
registration shall be Registration is for one year and
application for renewal shall must be on a form
furnished by the division.
(b)(B) The initial and annual renewal
registration fee for an employee registered in accordance with the
provisions of subsection (a) shall be an initial fee of this section
is twenty-five dollars, and for renewal of any such registration,
twenty-five dollars per year.
(c)C) In order to insure compliance with the
provisions of this section, licensees shall make employment
records available for inspection by the chief or his agents, during
normal business hours, all of their employment records."
SECTION 8. Section 40-17-120 of the 1976 Code is amended to
read:
"Section 40-17-120. (a)(A) The
Except as provided in subsection (D), the division may grant to
any a person licensed or registered in accordance with
the provisions of this chapter a permit to carry a pistol
or, revolver, or other firearm. Application for
such the permit shall must be made on
forms provided by the division, and the fee shall be
is twenty dollars per annum a year.
Such The permit shall be is for one year
and application for renewal shall must be on a form
furnished by the division. Such The permit shall
is not be transferable.
(b)(B) No person shall may be
issued a permit until he has presented to the division proof that he is
proficient in the use of firearms and has received a minimum of four
hours' classroom instruction.
(c)(C) Any A person engaged in the
private security business, or registered in accordance with the
provisions of Section 40-17-80, and issued a permit in
accordance with this section shall be authorized to may
carry any such a firearm in an open and fully-exposed
manner only while on duty and, in uniform,
and while going to and from work. Provided, however
However, that the division may in its discretion
may issue an additional written permit to any such
the person to carry such the firearm about his
person, whether concealed or not, even though such
person he is not in uniform nor on duty, when it is
determined by if the division determines that
such the additional permit will better enable
such the permittee to perform his assigned duties
better. No such additional permit shall
may be issued to any a permittee to be effective
in any a place where alcoholic beverages, beer,
or wine are sold or consumed.
(d)(D) Permits for carrying firearms shall
must not be issued to persons licensed
registered as private detectives."
SECTION 9. Section 40-17-140 of the 1976 Code is amended to
read:
"Section 40-17-140. (a)(A) The division
may, after hearing, may suspend or permanently revoke
a license or registration issued under this chapter if it determines that the
holder of such the license or registration has:
(1) made any a false statement or given
any false information in connection with an application or
renewal or reinstatement of a license or registration;
(2) violated any provision of this chapter;
(3) violated any a regulation promulgated by
the division pursuant to the authority contained in this chapter;
(4) been convicted of a felony or any a crime
involving moral turpitude or any other crime involving the
illegal use, carrying, or possession of a dangerous weapon since
becoming licensed or registered;
(5) committed any an act in the course of the
licensee's business constituting dishonesty or fraud;
(6) impersonated or permitted or aided and abetted any
other a person to impersonate a law enforcement officer or
employee of the United States or of, this State or
any its political subdivision thereof
subdivisons, or of a municipal corporation since
becoming licensed or registered;
(7) engaged in or permitted any an employee
to engage in the detective business or private security business when not
lawfully in possession of a valid license or registration issued
under the provisions of this chapter;
(8) wilfully failed or refused to render to a client service or a
report as agreed between the parties and for which compensation has
already been paid or tendered in accordance with the agreement
of the parties;
(9) committed an unlawful breaking or entering, assault,
battery, or kidnapping since becoming licensed or registered;
(10) knowingly violated or advised, encouraged, or
assisted the violation of any a court order or injunction
in the course of business as a licensee or registered agent;
(11) committed any other an act which is a
ground for denial of an application for license or registration under this
chapter;
(12) undertaken to give legal advice or counsel or to in
anywise represent that he is representing any an
attorney or is appearing or will appear in any legal proceedings
or to issue, deliver, or utter any a simulation of
process of any nature which might lead a person to believe that
such the simulation, written, printed, or typed,
may be a summons, warrant, writ, or court process or
any a pleading in any a court
proceeding.
(b)(B) Pending the hearing provided for in
subsection (a) of this section, (A) the division may
suspend a license or registration issued under this chapter when it has
good reason to believe that grounds for revocation exist.
(c)(C) The revocation of a license or registration as
provided in subsection (a) shall (A) must be in
writing, signed by the chief of the division, stating the grounds upon
which the revocation order is based, and the.
The aggrieved person shall have the right to
may appeal from such an the order within
twenty days after a copy thereof has been served upon him to the
court of common pleas of the county where the person resided at the
time of revocation as herein provided. Trial on such
appeal shall be is de novo; provided,
however. However, that if the parties so
agree, such the trial may be confined to a review of the
record made at the hearing by the division. Appeals shall be
are from the court of common pleas as provided in other
civil cases."
SECTION 10. In accordance with Section 1-20-60 of the 1976
Code, the existence of the Private Detective and Private Security
Program is reauthorized for six years.
SECTION 11. A person licensed to operate a detective business on
the effective date of this act may continue to operate until the expiration
of his license. At that time he shall register pursuant to Section
40-17-55 of the 1976 Code added by this act.
SECTION 12. This act takes effect upon approval by the
Governor.
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