H*3435(Rat #0569, Act #0515)  General Bill, By Bailey
 A Bill to amend Section 40-79-30, as amended, Code of Laws of South Carolina,
 1976, relating to the definition of "burglar alarm system business" and
 activities which are not considered within the meaning of this definition, so
 as to revise this definition and certain exceptions to it; to amend Section
 40-79-50, as amended, relating to licensing of persons to engage in an alarm
 system business, so as to further provide for the manner in which the
 Licensing Board for Contractors may deny a license application; to amend
 Section 40-79-110, as amended, relating to advertising by licensees, so as to
 delete the requirement that the license number of the business entity appears
 in the advertisement; and to amend Section 40-79-140, as amended, relating to
 standards an applicant must meet to qualify for an alarm system business
 license, so as to revise certain of these standards.-amended title

   02/09/93  House  Introduced and read first time HJ-14
   02/09/93  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-14
   02/23/94  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-7
   03/24/94  House  Amended HJ-50
   03/24/94  House  Read second time HJ-51
   03/24/94  House  Unanimous consent for third reading on next
                     legislative day HJ-51
   03/25/94  House  Read third time and sent to Senate HJ-6
   03/29/94  Senate Introduced and read first time SJ-8
   03/29/94  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-8
   05/24/94  Senate Committee report: Favorable with amendment Labor,
                     Commerce and Industry SJ-25
   05/25/94  Senate Amended SJ-269
   05/25/94  Senate Read second time SJ-270
   05/26/94  Senate Read third time and returned to House with
                     amendments SJ-40
   05/31/94  House  Concurred in Senate amendment and enrolled HJ-27
   06/02/94         Ratified R 569
   08/31/94         Signed By Governor
   08/31/94         Effective date 08/31/94
   09/19/94         Copies available

AN ACT TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "BURGLAR ALARM SYSTEM BUSINESS" AND ACTIVITIES WHICH ARE NOT CONSIDERED WITHIN THE MEANING OF THIS DEFINITION, SO AS TO REVISE THIS DEFINITION AND CERTAIN EXCEPTIONS TO IT; TO AMEND SECTION 40-79-50, AS AMENDED, RELATING TO LICENSING OF PERSONS TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE LICENSING BOARD FOR CONTRACTORS MAY DENY A LICENSE APPLICATION; TO AMEND SECTION 40-79-110, AS AMENDED, RELATING TO ADVERTISING BY LICENSEES, SO AS TO DELETE THE REQUIREMENT THAT THE LICENSE NUMBER OF THE BUSINESS ENTITY APPEARS IN THE ADVERTISEMENT; AND TO AMEND SECTION 40-79-140, AS AMENDED, RELATING TO STANDARDS AN APPLICANT MUST MEET TO QUALIFY FOR AN ALARM SYSTEM BUSINESS LICENSE, SO AS TO REVISE CERTAIN OF THESE STANDARDS.

Be it enacted by the General Assembly of the State of South Carolina:

Definition revised

SECTION 1. Section 40-79-30 of the 1976 Code, as last amended by Act 360 of 1992, is further amended to read:

"Section 40-79-30. (A) As used in this chapter, `alarm system business' means any person, firm, association, partnership, or corporation which installs, services, or responds to electrical, electronic, or mechanical alarm signal devices, burglar alarms, or fire alarms for a fee or other valuable consideration or which has reason to be physically present at a customer's home or business for the purpose of selling, servicing, or installing an alarm system.

(B) The term `alarm system business' does not include:

(1) law enforcement officers, fire department personnel, or individuals who may respond to an alarm by happenstance such as neighbors or passers-by;

(2) a business or individual which or who merely sells, manufactures, or distributes alarm systems or products unless the business sells, markets, services, installs, or responds to alarm systems at the protected premises;

(3) a person, firm, association, partnership, or corporation which merely owns and installs an alarm system on property owned or leased for itself;

(4) any `telephone utility' regulated under the provisions of Chapter 9 of Title 58 of the 1976 Code or FCC regulated carriers;

(5) installation or servicing of any alarm device which is installed in a motor vehicle, aircraft, or boat;

(6) a business or individual who merely sells, installs, or services battery-powered smoke detectors;

(7) an electrical contractor, licensed under Chapter 11 of Title 40, who sells, services, or installs only fire alarm systems.

(C) No county or municipality is prevented from requiring within its jurisdiction the registration of the alarm system businesses' names or the filing of copies of board licensure or from adopting an ordinance to require users of alarm systems to obtain permits when usage involves automatic signal transmission to a law enforcement agency or fire department.

(D) As used in this chapter, `installs' means any activity or work which involves the delivery, set-up, installation, or connection of alarm system equipment in any manner to a customer's premises."

Denial of licenses

SECTION 2. Section 40-79-50(G) of the 1976 Code is amended to read:

"(G) Upon a finding that the application is in proper form, the completion of the background investigation, and the completion of any required examination, the board shall determine whether to approve or deny the application. Upon approval, a license must be issued upon payment by the applicant of the initial license fee and furnishing of the required certificate of liability insurance. The grounds on which the board may, after compliance with the Administrative Procedures Act if applicable, deny the license application include, but are not limited to, the following:

(1) commission of any act which, if committed by a licensee, would be grounds for the suspension or revocation of a license;

(2) conviction of a crime involving fraud;

(3) lack of good moral character or temperate habits;

(4) previous denial of a license or previous revocation of a license for cause;

(5) knowingly making any false statement or misrepresentation in his application."

Qualifications revised

SECTION 3. Section 40-79-140(A) of the 1976 Code, as last amended by Act 360 of 1992, is further amended to read:

"(A) The board shall provide by regulation for an alarm system business license that permits the holder to participate in both the burglar and fire alarm system business. Applicants for the license successfully shall pass an oral or written examination considered by the board to measure an applicant's knowledge and competence in the burglar and fire alarm system businesses."

Advertising requirements revised

SECTION 4. Section 40-79-110 of the 1976 Code, as last amended by Section 4 of Act 175 of 1987, is further amended to read:

"Section 40-79-110. Every advertisement by a licensee soliciting or advertising for business must contain the name of the business entity as it appears in the records of the board."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Approved the 31st day of August, 1994.