S*575 Session 107 (1987-1988)
S*0575(Rat #0248, Act #0175 of 1987) General Bill, By Bryan
A Bill to amend Act 512 of 1986, relating to the regulation of the burglar
alarm system business, so as to provide that persons engaged in the "burglar
alarm system business" do not include law enforcement officers or individuals
who may respond to an alarm by happenstance; to provide that the application
fee for burglar alarm system business licenses must be retained by the South
Carolina State Licensing Board; to delete certain bonding requirements and
language pertaining to these bonding requirements of applicants for licenses;
to further provide for the required contents of advertising, soliciting
burglar alarm business; and to further provide for the qualifications and
requirements for licensure.-amended title
03/25/87 Senate Introduced and read first time SJ-1017
03/25/87 Senate Referred to Committee on Judiciary SJ-1018
05/07/87 Senate Committee report: Favorable with amendment
Judiciary SJ-1748
05/07/87 Senate Read second time SJ-1749
05/07/87 Senate Ordered to third reading with notice of
amendments SJ-1749
05/29/87 Senate Amended SJ-2474
05/29/87 Senate Read third time and sent to House SJ-2478
06/01/87 House Introduced and read first time HJ-3373
06/01/87 House Referred to Committee on Labor, Commerce and
Industry HJ-3373
06/03/87 House Recalled from Committee on Labor, Commerce and
Industry HJ-3574
06/04/87 House Read second time HJ-3697
06/04/87 House Unanimous consent for third reading on next
legislative day HJ-3698
06/09/87 House Read third time and enrolled HJ-3789
06/25/87 Ratified R 248
06/30/87 Signed By Governor
07/09/87 Effective date 06/30/87
07/09/87 Act No. 175
07/13/87 Copies available
(A175, R248, S575)
AN ACT TO AMEND ACT 512 OF 1986, RELATING TO THE REGULATION OF THE BURGLAR
ALARM SYSTEM BUSINESS, SO AS TO PROVIDE THAT PERSONS ENGAGED IN THE BURGLAR ALARM
SYSTEM BUSINESS DO NOT INCLUDE LAW ENFORCEMENT OFFICERS OR INDIVIDUALS WHO MAY
RESPOND TO AN ALARM BY HAPPENSTANCE; TO PROVIDE THAT THE APPLICATION FEE FOR
BURGLAR ALARM SYSTEM BUSINESS LICENSES MUST BE RETAINED BY THE SOUTH CAROLINA
STATE LICENSING BOARD; TO DELETE CERTAIN BONDING REQUIREMENTS AND LANGUAGE
PERTAINING TO THESE BONDING REQUIREMENTS OF APPLICANTS FOR LICENSES; TO FURTHER
PROVIDE FOR THE REQUIRED CONTENTS OF ADVERTISING OR SOLICITING BURGLAR ALARM
BUSINESS; AND TO FURTHER PROVIDE FOR THE QUALIFICATIONS AND REQUIREMENTS FOR
LICENSURE.
Be it enacted by the General Assembly of the State of South Carolina:
Construction of term
SECTION 1. Section 3 of Act 512 of 1986 is amended to read:
"Section 3. As used in this act, 'burglar 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, television cameras, or still cameras used to detect
burglary, breaking or entering, or intrusion, shoplifting, pilferage, or theft
for a fee or other valuable consideration. The term does not include law
enforcement officers or individuals who may respond to an alarm by happenstance
such as neighbors or passersby. The term does not
include a business or individual which or who merely sells or manufactures alarm
systems unless the business services, installs, or responds to alarm systems at
the protected premises. The term does not include a person, firm, association,
partnership, or corporation which merely owns and installs an alarm system on
property owned or leased by itself. The term 'burglar alarm system business'
does not include any telephone utility regulated under the provisions of Chapter
9 of Title 58 of the 1976 Code or FCC regulated carriers. The regulation of
alarm system businesses does not include installation, servicing, or responding
to fire alarm systems or any alarm device which is installed in a motor vehicle,
aircraft, or boat. 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."
Retention of application fee
SECTION 2. Section 5(F) of Act 512 of 1986 is amended to read:
"(F) The application must be on a form determined by the board and must
be accompanied by a nonrefundable application fee to be retained by the board to
offset the cost related to the administration of this act. The board shall set
the application fee by regulation."
Bonding requirement eliminated
SECTION 3. Section 8 of Act 512 of 1986 is amended to read:
"Section 8. (A) Persons registered pursuant to Section 9 are not
required to obtain a certificate of liability insurance.
(B) No license may be issued unless the applicant files with the board
evidence of a policy of liability insurance which policy shall provide for the
following minimum coverage: fifty thousand dollars because of bodily injury or
death of one person as a result of the negligent act or acts of the principal
insured or his agents operating in the course and scope of the principal's
agency; subject to the limit for one person, one hundred thousand dollars because
of bodily injury or death of two or more persons as the result of a negligent act
or acts of the principal insured or his agents operating in the course and scope
of the principal's agency; twenty thousand dollars because of injury to or
destruction of property of others as the result of the negligent act or acts of
the principal insured or his agents operating in the course and scope of the
principal's agency.
(C) An insurance carrier shall notify the board upon the cancellation by a
licensee of its policy of liability insurance or the cancellation by the
insurance carrier of the licensee's policy of insurance by giving thirty days'
notice to the board. The cancellation does not affect any liability on the
policy which accrued prior to cancellation.
(D) Every licensee shall at all times maintain on file with the board the
required certificate of insurance in full force and effect and, upon failure to
do so, the license must automatically be suspended and may not be reinstated
until an application for license, in the form prescribed by the board, is filed
together with a proper insurance certificate.
(E) The board may deny the application notwithstanding the applicant's
compliance with this section:
(1) for any reason which would justify refusal to issue or a suspension or
revocation of a license; or
(2) for the performance by the applicant of any practice, while under
suspension for failure to keep the insurance certificate in force, for which a
license is required."
Advertising requirements
SECTION 4. Section 11 of Act 512 of 1986 is amended to read:
"Section 11. Every advertisement by a licensee soliciting or advertising
for business must contain the name and license number of the business entity as
it appears in the records of the board."
Qualifications for licensure
SECTION 5. Section 14 of Act 512 of 1986 is amended to read:
"Section 14. (A) The board shall provide by regulation for an alarm
system business license. Applicants for an alarm system business license shall
comply with one of the following requirements: successfully pass an oral or
written examination considered by the board to measure an applicant's knowledge
and competence in the alarm system business or establish to the board's
satisfaction three years' experience, within the immediately preceding five
years, in alarm systems installation and service.
(B) The board by regulation may establish those other requirements for
licensure as it considers necessary."
DUI conviction not disqualifying
SECTION 6. Section 5(D)(2) of Act 512 of 1986 is amended to read:
"(2) that the applicant has no: conviction of any crime involving the
illegal use, carrying, or possession of a firearm; conviction of any crime
involving the illegal use, possession, sale, manufacture, distribution, or
transportation of a controlled substance, drug, narcotic, or alcoholic beverage,
except that the offense of driving a motor vehicle while under the influence of
intoxicating liquor or drugs, as provided in Section 56-5-2930, must not be
considered; conviction of a crime involving felonious assault or an act of
violence; conviction of a crime involving unlawful breaking or entering,
burglary, or larceny; any offense involving moral turpitude; or a history of
addiction to alcohol or a narcotic drug. 'Conviction' means the entry of a plea
of guilty or nolo contendere or a verdict rendered in open court by a judge or
jury;".
Bond reference deleted
SECTION 7. Section 5(G) of Act 512 of 1986 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 for denial include:
(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."
Bond reference deleted
SECTION 8. Section 7 of Act 512 of 1986 is amended to read:
"Section 7. Upon notification of approval of his application by the
board, an applicant shall furnish evidence that he has obtained the necessary
liability insurance required by Section 8, or his application lapses."
Bond reference deleted
SECTION 9. Item (12) of Section 10 of Act 512 of 1986 is amended to read:
"(12) failed to maintain the required certificate of liability
insurance;".
Time effective
SECTION 10. This act takes effect upon approval by the Governor. |