Current Status Introducing Body:House Bill Number:3435 Ratification Number:569 Act Number:515 Primary Sponsor:G. Bailey Type of Legislation:GB Subject:Alarm system business Date Bill Passed both Bodies:19940531 Computer Document Number:CYY/15109SD.93 Governor's Action:S Date of Governor's Action:19940831 Introduced Date:19930209 Date of Last Amendment:19940525 Last History Body:------ Last History Date:19940831 Last History Type:Act No. 515 Scope of Legislation:Statewide All Sponsors:G. Bailey Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
3435 ------ 19940831 Act No. 515
3435 ------ 19940831 Signed by Governor
3435 ------ 19940602 Ratified R 569
3435 House 19940531 Concurred in Senate
amendment, enrolled for
ratification
3435 Senate 19940526 Read third time, returned to
House with amendment
3435 Senate 19940525 Amended, read second time
3435 Senate 19940524 Committee Report: Favorable 12
with amendment
3435 Senate 19940329 Introduced, read first time, 12
referred to Committee
3435 House 19940325 Read third time, sent to
Senate
3435 House 19940324 Amended, read second time,
unanimous consent for third
reading on next Legislative
day
3435 House 19940223 Committee Report: Favorable 26
with amendment
3435 House 19930209 Introduced, read first time, 26
referred to Committee
View additional legislative information at the LPITS web site.
(A515, R569, H3435)
AN ACT TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "BURGLAR ALARM SYSTEM BUSINESS" AND ACTIVITIES WHICH ARE NOT CONSIDERED WITHIN THE MEANING OF THIS DEFINITION, SO AS TO REVISE THIS DEFINITION AND CERTAIN EXCEPTIONS TO IT; TO AMEND SECTION 40-79-50, AS AMENDED, RELATING TO LICENSING OF PERSONS TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE LICENSING BOARD FOR CONTRACTORS MAY DENY A LICENSE APPLICATION; TO AMEND SECTION 40-79-110, AS AMENDED, RELATING TO ADVERTISING BY LICENSEES, SO AS TO DELETE THE REQUIREMENT THAT THE LICENSE NUMBER OF THE BUSINESS ENTITY APPEARS IN THE ADVERTISEMENT; AND TO AMEND SECTION 40-79-140, AS AMENDED, RELATING TO STANDARDS AN APPLICANT MUST MEET TO QUALIFY FOR AN ALARM SYSTEM BUSINESS LICENSE, SO AS TO REVISE CERTAIN OF THESE STANDARDS.
Be it enacted by the General Assembly of the State of South Carolina:
Definition revised
SECTION 1. Section 40-79-30 of the 1976 Code, as last amended by Act 360 of 1992, is further amended to read:
"Section 40-79-30. (A) As used in this chapter, `alarm system business' means any person, firm, association, partnership, or corporation which installs, services, or responds to electrical, electronic, or mechanical alarm signal devices, burglar alarms, or fire alarms for a fee or other valuable consideration or which has reason to be physically present at a customer's home or business for the purpose of selling, servicing, or installing an alarm system.
(B) The term `alarm system business' does not include:
(1) law enforcement officers, fire department personnel, or individuals who may respond to an alarm by happenstance such as neighbors or passers-by;
(2) a business or individual which or who merely sells, manufactures, or distributes alarm systems or products unless the business sells, markets, services, installs, or responds to alarm systems at the protected premises;
(3) a person, firm, association, partnership, or corporation which merely owns and installs an alarm system on property owned or leased for itself;
(4) any `telephone utility' regulated under the provisions of Chapter 9 of Title 58 of the 1976 Code or FCC regulated carriers;
(5) installation or servicing of any alarm device which is installed in a motor vehicle, aircraft, or boat;
(6) a business or individual who merely sells, installs, or services battery-powered smoke detectors;
(7) an electrical contractor, licensed under Chapter 11 of Title 40, who sells, services, or installs only fire alarm systems.
(C) No county or municipality is prevented from requiring within its jurisdiction the registration of the alarm system businesses' names or the filing of copies of board licensure or from adopting an ordinance to require users of alarm systems to obtain permits when usage involves automatic signal transmission to a law enforcement agency or fire department.
(D) As used in this chapter, `installs' means any activity or work which involves the delivery, set-up, installation, or connection of alarm system equipment in any manner to a customer's premises."
Denial of licenses
SECTION 2. Section 40-79-50(G) of the 1976 Code is amended to read:
"(G) Upon a finding that the application is in proper form, the completion of the background investigation, and the completion of any required examination, the board shall determine whether to approve or deny the application. Upon approval, a license must be issued upon payment by the applicant of the initial license fee and furnishing of the required certificate of liability insurance. The grounds on which the board may, after compliance with the Administrative Procedures Act if applicable, deny the license application include, but are not limited to, the following:
(1) commission of any act which, if committed by a licensee, would be grounds for the suspension or revocation of a license;
(2) conviction of a crime involving fraud;
(3) lack of good moral character or temperate habits;
(4) previous denial of a license or previous revocation of a license for cause;
(5) knowingly making any false statement or misrepresentation in his application."
Qualifications revised
SECTION 3. Section 40-79-140(A) of the 1976 Code, as last amended by Act 360 of 1992, is further amended to read:
"(A) The board shall provide by regulation for an alarm system business license that permits the holder to participate in both the burglar and fire alarm system business. Applicants for the license successfully shall pass an oral or written examination considered by the board to measure an applicant's knowledge and competence in the burglar and fire alarm system businesses."
Advertising requirements revised
SECTION 4. Section 40-79-110 of the 1976 Code, as last amended by Section 4 of Act 175 of 1987, is further amended to read:
"Section 40-79-110. Every advertisement by a licensee soliciting or advertising for business must contain the name of the business entity as it appears in the records of the board."
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 31st day of August, 1994.