Bill Text: NC H299 | 2015-2016 | Regular Session | Amended
Bill Title: Occ.Lic./Private Protective Svcs. Act Changes-AB
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2016-06-21 - Sequential Referral To Finance Added [H299 Detail]
Download: North_Carolina-2015-H299-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 4
HOUSE BILL 299
Committee Substitute Favorable 5/6/15
Committee Substitute #2 Favorable 6/9/16
Fourth Edition Engrossed 6/14/16
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Short Title: Occ.Lic./Private Protective Svcs. Act Changes-AB |
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Sponsors: |
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Referred to: |
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March 19, 2015
A BILL TO BE ENTITLED
AN ACT to make various changes to the private protective services act and the alarm systems licensing act and to create certain fees.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 74C‑5 reads as rewritten:
"§ 74C‑5. Powers of the Board.
In addition to the powers conferred
upon the Board elsewhere in this Chapter, the Board shall have has the
power to do all of the following:
…
(13) Conduct investigations regarding unlicensed activity and, with the concurrence of the Secretary of Public Safety, issue cease and desist letters.
(14) Acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to approval of the Governor and the Council of State. Collateral pledged by the Board for an encumbrance is limited to the assets, income, and revenues of the Board.
(15) Adopt rules establishing standards for the use of any firearm or other weapon approved by the Board.
(16) Acquire, maintain, store, dispose of, and replace motor vehicles for the use of staff and investigators.
(17) Adopt and publish a code of professional conduct for licensees, registrants, or permit holders, the violation of which is grounds to suspend or revoke a license, registration, or permit pursuant to G.S. 74C‑12."
SECTION 2. G.S. 74C‑7 reads as rewritten:
"§ 74C‑7. Investigative powers of the Secretary of Public Safety.
The Secretary of Public Safety for
the State of North Carolina shall have has the power to
investigate or cause to be investigated any complaints, allegations, or
suspicions of wrongdoing or violations of this Chapter involving unlicensed individuals
or individuals who are licensed, or to be licensed, under this Chapter.
Any investigation conducted pursuant to this section is confidential and is not
subject to review under G.S. 132‑1 until the investigation is
complete and a report is presented to the Board. However, the report may be
released to the licensee after the investigation is complete but before the
report is presented to the Board."
SECTION 3. G.S. 74C‑8 reads as rewritten:
"§ 74C‑8. License requirements.
…
(c) Qualifying Agent. – A business entity, other than a sole proprietorship, that engages in private protective services is subject to all of the requirements listed in this subsection with respect to a qualifying agent. For purposes of this Chapter, a "qualifying agent" is an individual in a management position who is licensed under this Chapter and whose name and address have been registered with the Director. The requirements are:
…
(3) In the event that the
qualifying agent upon whom the business entity relies in order to do business
ceases to perform his duties as qualifying agent, the business entity shall
notify the Director within 10 working days. The business entity must obtain a
substitute qualifying agent within 30 90 days after the original
qualifying agent ceases to serve as qualifying agent unless the Board, in its
discretion, extends this the 90‑day period, for good cause,
for a period of time not to exceed three months.an additional 30 days
upon the filing of a petition by the business entity and upon a hearing by the
Board. The Board may require the payment of a late fee for a business entity
failing to obtain a substitute qualifying agent pursuant to the requirements of
this subdivision.
(4) The certificate authorizing the business entity to engage in a private protective services profession shall list the name of at least one designated qualifying agent. No licensee shall serve as the qualifying agent for more than one business entity without prior approval of the Director, subject to the approval of the Board.
(5) Repealed by Session Laws 2009‑328, s. 3, effective October 1, 2009.
…
(f) Issuance. – Upon a
finding that the application is in proper form, the completion of the
background investigation, and the completion of an examination required by the
Board, the Director shall submit to the Board the application and the
Director's recommendations. Upon completion of the background investigation,
the Director may issue a temporary license pending approval of the application
by the Board at the next regularly scheduled meeting. The Board shall determine
whether to approve or deny the application for a license. Upon approval by the
Board, a license will be issued to the applicant upon payment by the applicant
of the initial license fee and the required contribution to the Private
Protective Services Education Fund, and filing of a certificate of
liability insurance. insurance with the Board. The applicant must pay
the initial license fee and make the required contribution to the Fund within
90 days from the date the applicant receives notice of pending licensure approval
unless the Board, in its discretion, extends the 90‑day period, for good
cause, for an additional 30 days upon the filing of a petition by the applicant
and upon a hearing by the Board. The Board may require the payment of a late
fee for an applicant failing to pay the initial license fee or failing to make
the contribution to the Fund pursuant to the requirements of this subsection.
(1) through (5) Repealed by Session Laws 1989, c. 759, s. 6.
...."
SECTION 4. G.S. 74C‑9 reads as rewritten:
"§ 74C‑9. Form of license; term; renewal; posting; branch offices; not assignable; late renewal fee.
…
(e) The Board is authorized to charge reasonable application and license fees as follows:
…
(7) An application fee for a firearm registration permit for all applicants and licensees subject to G.S. 74C‑13 not to exceed fifty dollars ($50.00).
(8) A new, renewal, replacement, or reissuance fee for a firearm registration permit for all applicants and licensees subject to G.S. 74C‑13 not to exceed thirty dollars ($30.00).
…
(16) A late fee for a business entity subject to G.S. 74C‑8(c)(3) or an applicant for licensure under G.S. 74C‑8(f) not to exceed one hundred dollars ($100.00).
Except as provided in G.S. 74C‑13(k), all fees collected pursuant to this section shall be expended, under the direction of the Board, for the purpose of defraying the expenses of administering this Chapter.
(f) A license or trainee
permit granted under the provisions of this Chapter may be renewed by the
Private Protective Services Board upon notification by the licensee or permit holder
to the Director of intended renewal, the payment of the proper fee, and
evidence of a policy of liability insurance policy as prescribed
in G.S. 74C‑10(e).
The renewal shall be finalized before the expiration date of the license. In no event will renewal be granted more than three months after the date of expiration of a license or trainee permit.
(f1) If a licensee, trainee, or registrant provides documentation to the Director that the licensee, trainee, or registrant is temporarily unable to complete the renewal application requirements because of a physical disability or medical condition, the Board may grant a 90‑day extension to complete the renewal requirements. To satisfy any requirements of the Board, the Director shall request documentation of the condition upon which the request is based. The documentation shall be submitted from a licensed medical practitioner and shall state that a condition exists that prevents the licensee, trainee, or registrant from completing the application or training requirements. Information provided pursuant to this subsection shall not be considered a public record under Chapter 132 of the General Statutes.
...."
SECTION 5. G.S. 74C‑10 reads as rewritten:
"§ 74C‑10. Certificate of liability insurance required; form and approval; suspension for noncompliance.
…
(e) No security guard and
patrol, armored car, or special limited guard and patrol license shall be
issued under this Chapter unless the applicant files with the Board evidence of
a policy of liability insurance. liability insurance policy. The
policy must provide for the following minimum coverage: fifty thousand dollars
($50,000) 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 his employment; subject to said limit for one person, one
hundred thousand dollars ($100,000) because of bodily injury or death of two or
more persons as the result of the negligent act or acts of the principal
insured or his agents operating in the course and scope of his or her agency;
twenty thousand dollars ($20,000) 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 his or her agency.
If the licensee, a licensee or a trainee supervised by a licensee, other
than a security guard and patrol, armored car, or special limited guard and
patrol licensee, carries a firearm while engaged in private protective services
activities, the licensee or trainee shall obtain a policy of liability
insurance policy with a minimum coverage as specified above. A licensee or
trainee is deemed to be "carrying a firearm" for purposes of this
section while engaged in private protective services if the licensee or
trainee has a firearm on the licensee's or trainee's person or in
the automobile the licensee or trainee is using to perform private
protective services. A licensee may provide coverage for a trainee under the
licensee's supervision; however, failure of the licensee to provide coverage
does not exempt the trainee from the requirements of this section.
(e1) The Board shall approve the form, execution, and terms of the liability insurance policy.
(f) An insurance carrier shall
have has the right to cancel such policy of liability insurance a
liability insurance policy upon giving a 30‑day notice to the Board.
Provided, however, that such the cancellation shall does
not affect any liability on the policy which that accrued
prior thereto. The policy of liability shall be approved by the Board as to
form, execution, and terms thereon.
(g) The holder of any
trainee permit and persons Persons registered pursuant to
G.S. 74C‑11 shall not be are not required to obtain a
certificate of liability insurance.
...."
SECTION 6. G.S. 74C‑12 reads as rewritten:
"§ 74C‑12. Denial, suspension, or revocation of license, registration, or permit; duty to report criminal arrests.
(a) The Board may, after compliance with Chapter 150B of the General Statutes, deny, suspend or revoke a license, certification, registration, or permit issued under this Chapter if it is determined that the applicant, licensee, trainee, registrant, or permit holder has done any of the following acts:
(1) Made any false statement or given any false information in connection with any application for a license, certification, registration, or permit or for the renewal or reinstatement of a license, certification, registration, or permit.
...."
SECTION 7. G.S. 74C‑13 is amended by adding two new subsections to read:
"§ 74C‑13. Armed licensee or registered employee required to have firearm registration permit; firearms training.
…
(d2) A proprietary security organization that employs an armed security guard shall submit to the Board an application for a license on a form provided by the Board for that purpose. A proprietary security organization shall renew its license every two years.
…
(o) The Board shall not knowingly issue a firearm registration permit to an individual who is prohibited by State law from possessing a firearm."
SECTION 8. G.S. 74D‑2(c)(1) reads as rewritten:
"§ 74D‑2. License requirements.
…
(c) Qualifying Agent. – A business entity that engages in the alarm systems business is subject to all of the requirements listed in this subsection with respect to a qualifying agent. For purposes of this Chapter, a "qualifying agent" is an individual in a management position who is licensed under this Chapter and whose name and address have been registered with the Board. The requirements are:
(1) The business entity shall
employ a designated resident qualifying agent who meets the requirements for a
license issued under and who is, in fact, licensed under the provisions of this
Chapter, unless otherwise approved by the Board. Provided, however, that the
Board shall not give this approval shall not be given unless the
business entity has and continuously maintains in this State a registered agent
who shall be is an individual resident in this State. Service
upon the registered agent appointed by the business entity of any process,
notice or demand required by or permitted by law to be served upon the business
entity by the Alarm Systems Licensing Board shall be is binding
upon the business entity and the licensee. Nothing herein contained shall limit
or affect the right to serve any process, notice or demand required or
permitted by law to be served upon a business entity in any other manner or
hereafter permitted by law.
...."
SECTION 9. G.S. 74D‑3 reads as rewritten:
"§ 74D‑3. Exemptions.
The provisions of this Chapter shall
do not apply to: to any of the following:
(1) A person, firm,
association or corporation that sells or manufactures alarm systems, unless the
person, firm, association or corporation makes personal solicitations at a
residence or business to advise, design, or consult on specific types and
specific locations of alarm system devices, installs, services, monitors, or
responds to alarm systems at or from a protected premises or a premises to be
protected and thereby obtains knowledge of specific application or location of
the alarm system. A person licensed under this Chapter may hire a consultant to
troubleshoot a location or installation for a period of time not to exceed 48
hours in a one‑month period if the licensee submits a report to the Board
within 30 days from the date of the consultation designating the consultant as
a temporary consultant;consultant.
(2) Installation, servicing
or responding to fire alarm systems or any alarm device which that is
installed in a motor vehicle, aircraft or boat; boat.
(3) Installation of an alarm
system on property owned by or leased to the installer; installer.
(4) An alarm monitoring company located in another
state which demonstrates to the Board's satisfaction that it does not conduct
any business through a personal representative present in this State but which
solicits and conducts business solely through interstate communication
facilities such as telephone messages, earth satellite relay stations and the
United States postal service; and service.
(5) A person or business providing alarm systems services to a State agency or local government if that person or business has been providing those services to the State agency or local government for more than five years prior to the effective date of this Chapter, and the State agency or local government joins with the person or business in requesting the application of this exemption."
SECTION 10. G.S. 14‑269.3 reads as rewritten:
"§ 14‑269.3. Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed.
(a) It shall be is
unlawful for any person to carry any gun, rifle, or pistol into any
assembly where a fee has been charged for admission thereto, or into any
establishment in which alcoholic beverages are sold and consumed. Any person
violating the provisions of this section shall be guilty of a Class 1
misdemeanor.
(b) This section shall does
not apply to any of the following:
…
(4) A person registered or
hired as a security guard as defined in
G.S. 74C‑3(b)(13) who is hired by
the owner, lessee, or person or organization sponsoring the event.event
or a person employed by a business licensed pursuant to G.S. 74C‑2 who
is hired by the owner, lessee, or person or organization sponsoring the event.
...."
SECTION 11. G.S. 74D‑5(a) reads as rewritten:
"§ 74D‑5. Powers of the Board.
(a) In addition to the
powers conferred upon the Board elsewhere in this Chapter, the Board shall
have has the power to:
…
(9) Acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to approval of the Governor and the Council of State. Collateral pledged by the Board for an encumbrance is limited to the assets, income, and revenues of the Board.
...."
SECTION 12. G.S. 143‑341(8) reads as rewritten:
"§ 143‑341. Powers and duties of Department.
The Department of Administration has the following powers and duties:
…
(8) General Services:
…
i. To establish and operate a central motor pool and such subsidiary related facilities as the Secretary may deem necessary, and to that end:
…
3. To require on a schedule
determined by the Department all State agencies to transfer ownership, custody
or control of any or all passenger motor vehicles within the ownership, custody
or control of that agency to the Department, except those motor vehicles under
the ownership, custody or control of the Highway Patrol, the State Bureau of
Investigation, the Private Protective
Services Board and the Alarm Systems Licensing Board, or the constituent institutions of The University of North
Carolina which that are used primarily for law‑enforcement or
investigative purposes.
...."
SECTION 13. This act becomes effective August 1, 2016.
