Bill Summary for H 566 (2017-2018)

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Summary date: 

Apr 5 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 566 (Public) Filed Tuesday, April 4, 2017
Intro. by Hardister, Burr, Faircloth, McNeill.

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Bill summary

Amends GS 74C-3 to include persons or other entities discovering, locating, or disengaging devices intended to block the transmission of electronic signals for valuable consideration, and individuals and other entities that for valuable consideration provide security measures to ensure the safety of business executives, public officials, celebrities, or other individuals with elevated personal risk, in the definition ofprivate protective services profession.Excludes persons under contract or employed by an occupational licensing board while performing an investigation solely for that board from the definition ofprivate protective services.

Amends GS 74C-5 to further authorize the Private Protective Services Board (Board) to do four additional listed things, including adopting and publishing a code of professional conduct for licencees, registrants, certificate holders, and permit holders.

Amends GS 74C-7 to authorize the Secretary of Public Safety to investigate complaints, allegations, or suspicions of wrongdoing or violations of GS Chapter 74C involving unlicensed individuals, licensed individuals, or individuals to be licensed (currently, only individuals licensed and to be licensed). Authorizes the Secretary to enforce GS Chapter 74C and impose any authorized penalty against any individual or entity under investigation for and charged with a violation of the Chapter.

Amends GS 74C-8 to extend the time period in which a business entity has to find a replacement qualifying agent from 30 to 90 days, and authorizes the Board to extend the 90-day period for an additional 30 days upon the filing of a petition by the business entity and a hearing by the Board. Authorizes the Board to require a late fee of $100 for missing the deadline. Requires filing of a certificate of liability insurance with the Board to issue a license. Requires applicants to pay the initial license fee and make the required contribution to the Fund within 90 days of the date the applicant receives notice of pending licensure approval unless the Board extends the period by an additional 30 days upon the filing of a petition by the applicant and a hearing by the Board. Authorizes the Board to require a late fee of $100 for an applicant who misses the deadline.

Amends GS 74C-9 to cross-reference GS 74C-13 (concerning firearm registration permits for licensees) and to make conforming changes.

Amends GS 74C-10 to further require trainees supervised by licensees, carrying a firearm while engaged in private protective services activities, to obtain a liability insurance policy as specified. Authorizes a licensee to provide liability insurance coverage for a trainee under the licensee's supervision, but failure to do so does not exempt the trainee from this statute. Makes technical and conforming changes.

Amends GS 74C-12 to apply that statute to trainees, and to further authorize the Board to deny, suspend, or revoke a certification under that statute. Authorizes the Board to also take the disciplinary actions in that statute for violation of any State or federal firearms law, fraudulently holding oneself out as employed or licensed by the Department of Public Safety (was, State Bureau of Investigation), and for violations of the code of professional conduct adopted by the Board.

Amends GS 74C-13 to require proprietary employers to register individuals carrying a firearm within 30 days of employment. Directs proprietary security organizations employing an armed security guard to submit to the Board an application for license, and to renew its license every two years. Requires the firearms training program under subsection (h) to cover legal limitations on the use of, and range firing and safety procedures for, firearms (was, hand guns). Makes conforming changes.

Enacts new GS 74C-13.1. Exempts four listed classes of persons from the firearms training requirements of GS 74C-13(b), including persons who have successfully completed the North Carolina Basic Law Enforcement Training and completed the first year of probationary employment. Requires specified documentation from applicants claiming one of the exceptions. Directs the Board to deny exemptions if the applicant fails to provide documentation. Requires exempted applicants to qualify within the first three attempts on the required firearm qualification course. Failure to qualify on both courses of fire requires the applicant to undergo the entire 20-hour course of instruction. Applicants claiming an exemption must still complete the training required in GS 74C-13(h).

Amends GS 74C-17 to apply the civil penalty limit of $2,000 as a limit on each individual violation, instead of as a general limit. Authorizes the Board to charge costs, including attorneys' fees for any proceeding governed by GS Chapter 150B or authorized by this statute.

Amends GS 74C-23 to require companies, firms, or corporations licensed under this Chapter to provide the Director with notice of change of ownership within 10 days (was, 60 days) prior to the effective date of the transaction, and a list of all registrants and licensees affected by the transaction. Requires notice to the Director within 60 days from the effective date of the transaction, written confirmation of the completion of any necessary changes for the acquiring party to comply with this Chapter and applicable Board rules.

Amends GS 14-269.3, regarding weapons into assemblies and establishments serving alcoholic beverages, to provide that the statute does not apply to persons registered as a security guard, or hired by the owner, lessee, or person or organization sponsoring the event or a person employed by an entity licensed under GS 74C-2 who is hired by the owner, lessee, or person or organization sponsoring the event, effective December 1, 2017.

Except as otherwise provided, effective July 1, 2017.