South Carolina General Assembly
114th Session, 2001-2002

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Bill 4758


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      4758
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020219
Primary Sponsor:                  Harrison
All Sponsors:                     Harrison
Drafted Document Number:          l:\council\bills\nbd\11264ac02.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Security, investigation and weapons 
                                  permits; applicant required to submit 
                                  fingerprints to SLED and FBI; security 
                                  business and private investigator license 
                                  requirements


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020221  Introduced, read first time,           11 SJ
                  referred to Committee
House   20020221  Read third time, sent to Senate
------  20020221  Scrivener's error corrected
House   20020220  Read second time
House   20020219  Introduced, read first time,
                  placed on Calendar without reference


              Versions of This Bill
Revised on February 19, 2002 - Word format
Revised on February 21, 2002 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

INTRODUCED

February 19, 2002

    H. 4758

Introduced by Rep. Harrison

S. Printed 2/19/02--H.    [SEC 2/21/02 9:02 AM]

Read the first time February 19, 2002.

            

A BILL

TO AMEND SECTION 40-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED), SO AS TO REQUIRE SLED TO SUBMIT FINGERPRINT CARDS, RECEIVED IN CONNECTION WITH SECURITY, INVESTIGATION, AND WEAPON LICENSE AND PERMIT APPLICATIONS, RESPECTIVELY, TO THE FEDERAL BUREAU OF INVESTIGATION TO FACILITATE A NATIONAL CRIMINAL RECORDS CHECK OF THE APPLICANT; TO AMEND SECTIONS 40-18-50 AND 40-18-70, RELATING TO CONTRACT SECURITY BUSINESS LICENSE REQUIREMENTS AND PRIVATE INVESTIGATOR LICENSE REQUIREMENTS, RESPECTIVELY, SO AS TO DELETE PROVISIONS REQUIRING A BOND TO PAY A PERSON'S LOSS AS A RESULT OF A LICENSEE'S VIOLATION OF CERTAIN LAWS OR REGULATIONS, PROVISIONS AUTHORIZING A PERSON TO INITIATE AN ACTION AGAINST THE LICENSEE OR THE LICENSEE'S INSURER, AND TEMPORARY PROVISIONS NO LONGER APPLICABLE; AND TO AMEND SECTION 40-18-100, RELATING TO SECURITY WEAPONS PERMIT APPLICATION REQUIREMENTS, SO AS TO REQUIRE AN APPLICANT TO SUBMIT A SET OF FINGERPRINTS TO BE USED TO FACILITATE A NATIONAL CRIMINAL RECORDS CHECK.

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

SECTION    1.    Section 40-18-30 of the 1976 Code, as added by Act 372 of 2000, is amended by adding at the end:

    "(D)    Fingerprint cards submitted to SLED pursuant to Sections 40-18-50, 40-18-60, 40-18-70, and 40-18-100 must be submitted by SLED to the Federal Bureau of Investigation to facilitate a national criminal records check of the applicant."

SECTION    2.    Section 40-18-50(B) of the 1976 Code, as added by Act 372 of 2000, is amended to read:

    "(B)    The applicant must post a ten thousand dollar bond with SLED in a form approved by the Attorney General in favor of the State. The bond must be issued by a surety insurer licensed to transact surety insurance in this State. The bond must be conditioned to pay a person who sustains loss as a result of a licensee's violation of or failure to comply with a provision of this chapter or SLED regulations. An aggrieved person may institute an action in the county of his residence against the licensee, his insurer, or both, to recover on the bond. The surety on the bond may cancel the bond upon giving thirty days' notice to SLED, and the surety is relieved of liability for a breach of condition after the effective date of the cancellation."

SECTION    3.    Section 40-18-70(B), (E)(9)(a) and (L) of the 1976 Code, as added by Act 372 of 2000, is amended to read:

    "(B)    The applicant must post a ten thousand dollar bond with SLED in a form approved by the Attorney General in favor of the State. The bond must be issued by a surety insurer licensed to transact surety insurance in this State. The bond must be conditioned to pay a person who sustains loss as a result of a licensee's violation of or failure to comply with a provision of this chapter or SLED regulations. An aggrieved person may institute an action against the licensee in the county of the aggrieved person's residence or in the county where the licensee conducts business, his insurer, or both, to recover on the bond. The surety on the bond may cancel the bond upon giving thirty days' notice to SLED and is relieved of liability for a breach of condition after the effective date of cancellation."

    "(a)    as a private investigator with employed by a licensed private investigation agency;"

    "(L)    A person licensed as a private investigator before the effective date of this section is not required to meet the requirements contained in subsections (E)(1), (4), and (8)."

SECTION    4.    Section 40-18-100(A) of the 1976 Code, as added by Act 372 of 2000, is amended to read:

    "(A)    SLED may grant a Security Weapons Permit to carry a particular type of firearm to a person who is at least twenty-one years of age, is eligible to possess firearms, and is licensed or registered as a security officer. Application for the permit must be made on forms approved by SLED and the fee must be set by SLED regulation. An applicant must submit with the application one complete set of the applicant's fingerprints on forms specified or furnished by SLED. Fingerprint cards submitted to SLED pursuant to this section must be used to facilitate a national criminal records check, as required by Section 40-18-30. The permit is for one year and application for renewal must be on a form approved by SLED. The permit renewal must specifically reauthorize the type of firearm to be used by the permittee."

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

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