South Carolina General Assembly
105th Session, 1983-1984

Bill 2688


                    Current Status

Bill Number:               2688
Ratification Number:       550
Act Number:                464
Introducing Body:          House
Subject:                   Relating to exemptions to the South
                           Carolina Private Detective and Private
                           Security Agencies Act
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A464, R550, H2688)

AN ACT TO AMEND SECTION 40-17-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS TO THE SOUTH CAROLINA PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT SO AS TO EXEMPT CERTAIN NONUNIFORMED, UNARMED PERSONNEL AND THEIR EMPLOYERS FROM THE PROVISIONS THEREOF.

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

Exemptions

SECTION 1. Section 40-17-150 of the 1976 Code is amended to read:

"Section 40-17-150. (a) This chapter does not apply to:

(1) An officer or employee of the United States of America, or of this State or a political subdivision of either, or of a municipal corporation while the employee or officer is engaged in the performance of official duties;

(2) A person or firm engaged as a consumer reporting agency, as defined by the Federal Fair Credit Reporting Act;

(3) An Attorney-at-law in performing his duties;

(4) Admitted insurers, agents, insurance brokers and insurance adjusters licensed by the State, performing duties in connection with insurance transacted by them;

(5) A person receiving compensation for private employment on an individual, independent contractor basis as a patrolman, guard or watchman who has full-time employment as a peace officer with a state, county or local police department. For such exemption to operate, the peace officer so defined shall (a) be employed in an employer-employee relationship, (b) on an individual contractual basis, and (c) not be in the employ of another peace officer.

(6) Persons in an employer-employee relationship utilized solely as nonuniformed, unarmed fire watchmen, gatekeepers or security personnel in connection with an employer's business and persons or corporations employing these personnel; provided the employer is not a private detective or security agency.

(b) The provisions of this chapter do not prevent the authorities of any municipal corporation or political subdivision of the State, by ordinance and within the exercise of the police power of the municipal corporation or political subdivision of the State, from imposing local regulations upon any street patrol special officer or upon any person who furnishes street patrol service or street patrol special officer to require registration with an agency to be designated by the municipal corporation or political subdivision, including in the registration full information as to the identification and employment of the individual."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.