Bill Summary for H 299 (2015-2016)

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Summary date: 

Jun 9 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 299 (Public) Filed Wednesday, March 18, 2015
AN ACT TO MAKE VARIOUS CHANGES TO THE PRIVATE PROTECTIVE SERVICES ACT AND THE ALARM SYSTEMS LICENSING ACT AND TO CREATE CERTAIN FEES.
Intro. by Burr, McNeill.

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Bill summary

House committee substitute makes the following changes to the 2nd edition.

Amends GS 74C-5, concerning the powers of the Private Protective Services Board (Board), by adding three new subsections to authorize the Board to (1) adopt rules establishing standards for the use of any firearm or other weapon approved by the Board; (2) acquire, maintain, store, dispose of, and replace motor vehicles for the use of staff and investigators; and (3) 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 GS 74C-12.

Makes a technical change and a clarifying change to GS 74C-7.

Amends GS 74C-8(f), concerning issuance of a license, to specify that, upon approval by the Board, a license will be issued to the applicant upon payment by the applicant of the initial license fee and required contribution to the Private Protective Services Education Fund, and filing of a certificate of liability insurance with the Board (currently, language only requires certificate of liability insurance without specifying where it is to be filed). 

Makes a technical change to GS 74C-9(f).

Amends GS 74C-10, concerning the requirement of certificate of liability insurance, to provide that, if a licensee or a trainee supervised by a licensee, other than a security guard and patrol, armored car, or special car, or special limited guard and patrol licensee, carries a firearm while engaged in private protective services activities, the licensee or trainee must obtain a liability insurance policy with a minimum coverage as specified (currently, does not provide for a trainee to be supervised by a licensee). Provides a licensee or trainee is deemed to be "carrying a firearm" for purposes of the statute 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 (currently, does not provide for trainee). Establishes that a licensee may provide coverage for a trainee under the licensee's supervision, but failure of the licensee to provide coverage does not exempt the trainee from the requirements of the statute. Makes technical changes.

Enacts new subsection (e1) to GS 74C-10 to require the Board to approve the form, execution, and terms of the liability insurance policy.

Makes technical changes to GS 74C-10(f). Deletes the provision requiring the Board to approve the policy of liability as to its form, execution, and terms, and moves some of the language to new subsection (e1).

Amends subsection (g) to provide that persons registered pursuant to GS 74C-11 are not required to obtain a certificate of liability insurance (currently, provides that the holder of any trainee permit and persons registered pursuant to GS 74C-11 are not required to obtain a certificate of liability insurance).

Amends GS 74C-13, concerning the requirements of a firearm registration permit for armed licensees or registered employees, by adding a new subsection to prohibit the Board from knowingly issuing a firearm registration permit to an individual who is prohibited by state law from possessing a firearm.

Amends GS 74D-2 by amending the requirement for a business entity engaging in the alarm system business to require the qualifying agent to be a state resident if the business entity maintains a physical presence in the state.

Amends GS 74D-3, setting out exemptions from the provisions of GS Chapter 74D (Alarm Systems), by eliminating the exemption for an alarm monitoring company located in another state that demonstrates to the Alarm System Licensing Board's satisfaction that it does not conduct any business through a personal representative present in the State but that solicits and conducts business solely through interstate communication facilities. Makes technical changes.

Amends GS 14-269.3, setting out provisions for carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed, to establish that the statute does not apply to a person registered as a security guard as defined in GS 74C-3(b)(13) who is hired (previously, a person registered or hired as a security guard) by the owner, lessee, or person or organization sponsoring the event or a person employed by a business licensed pursuant to GS 74C-2 who is hired by the owner, lessee, or person or organization sponsoring the event (previously, did not provide for person employed by a business licensed under GS 74C-2 who is hired by the owner, lessee, or person or organization sponsoring the event). 

Makes technical change to GS 74D-5(a).

Current GS 143-341 sets out the powers and duties of the Department of Administration in providing general services and requires the Department to establish and operate a central motor pool and such subsidiary related facilities as the Secretary may deem necessary, and to that end, require 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. Current law excepts motor vehicles under the ownership, custody or control of the Highway Patrol, the State Bureau of Investigation, and constituent institutions of the University of North Carolina used primarily for law enforcement purposes. Adds exception for the Private Protective Services Board and the Alarm System Licensing Board. Also expands the exception for the constituent institutions of the University of North Carolina to those that are used primarily for investigative purposes in addition to the current provision for law enforcement purposes.

Changes the effective date to August 1, 2016 (previously, July 1, 2015).