Current Status Introducing Body:Senate Bill Number:581 Primary Sponsor:Drummond Committee Number:11 Type of Legislation:GB Subject:Private detective businesses Residing Body:Senate Current Committee:Judiciary Companion Bill Number:3380 Computer Document Number:581 Introduced Date:Feb 05, 1991 Last History Body:Senate Last History Date:Feb 05, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Drummond Type of Legislation:General Bill
Bill Body Date Action Description CMN
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581 Senate Feb 05, 1991 Introduced, read first time, 11
referred to Committee
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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.