BIL:4758

TYP:General Bill GB

INB:House

IND:20020219

PSP:Harrison

SPO:Harrison

DDN:l:\council\bills\nbd\11264ac02.doc

RBY:Senate

COM:Judiciary Committee 11 SJ

SUB:Security, investigation and weapons permits; applicant required to submit fingerprints to SLED and FBI; security business and private investigator license requirements

HST:

BodyDateAction DescriptionComLeg Involved

______

Senate20020221Introduced, read first time,11 SJ

referred to Committee

House20020221Read third time, sent to Senate

------20020221Scrivener's error corrected

House20020220Read second time

House20020219Introduced, read first time,

placed on Calendar without reference

Versions of This Bill

Revised on 20020219

Revised on 20020221

TXT:

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.

[4758-1]

A BILL

TO AMEND SECTION 401830, 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 401850 AND 401870, 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AUTHORIZING A PERSON TO INITIATE AN ACTION AGAINST THE LICENSEE OR THE LICENSEE’S INSURER, AND TEMPORARY PROVISIONS NO LONGER APPLICABLE; AND TO AMEND SECTION 4018100, RELATING TO SECURITY WEAPONS PERMIT APPLICATION REQUIREMENTS, SO AS TO REQUIRE AN APPLICANT TO SUBMIT A SET OF FINGERPRINTS TO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:

SECTION1.Section 401830 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 401850, 401860, 401870, and 4018100 must be submitted by SLED to the Federal Bureau of Investigation to facilitate a national criminal records check of the applicant.”

SECTION2.Section 401850(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.”

SECTION3.Section 401870(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 withemployed 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).”

SECTION4.Section 4018100(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 twentyone 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 401830. 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.”

SECTION5.This act takes effect upon approval by the Governor.

XX

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