GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

SESSION LAW 2007-511

SENATE BILL 854

AN ACT amending the private protective services act and amending the firearms laws Affecting armed security guards.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 74C-3 reads as rewritten:

"§ 74C-3.  Private protective services profession defined.

(a)       As used in this Chapter, the term "private protective services profession" means and includes all of the following:

(1)       "Armored car profession" means any Armored car profession. - Any person, firm, association, or corporation which for a fee or other valuable consideration provides secured transportation and protection from one place or point to another place or point of money, currency, coins, bullion, securities, checks, documents, stocks, bonds, jewelry, paintings, and other valuables for a fee or other valuable consideration. valuables. This definition does not include a person operating an armored car business pursuant to a motor carrier certificate or permit issued by the North Carolina Utilities Commission which grants operating rights for such business; however, armed armored car service guards shall be subject to the provisions of G.S. 74C-13.

(2)       Repealed by Session Laws 1983, c. 786, s. 2.

(3)       "Counterintelligence service profession" means any Electronic countermeasures profession. - Any person, firm, association, or corporation which for a fee or other valuable consideration discovers, locates, or disengages by electronic, electrical, or mechanical means any listening or other monitoring equipment surreptitiously placed to gather information concerning any individual, firm, association, or corporation for a fee or other valuable consideration. corporation.

(4)       "Courier service profession" means any Courier service profession. - Any person, firm, association, or corporation which for a fee or other valuable consideration transports or offers to transport from one place or point to another place or point documents, papers, maps, stocks, bonds, checks, or other small items of value which require expeditious service for a fee or other valuable consideration. services. Armed courier service guards shall be subject to the provisions of G.S. 74C-13.

(5)       "Detection of deception examiner" means any Detection of deception examiner. - Any person, firm, association, or corporation which uses any device or instrument, regardless of its name or design, for the purpose of the detection of deception or any person who reviews the work product of an examiner including charts, tapes or other methods of record keeping for the purpose of detecting deception or determining accuracy.

(6)       "Security guard and patrol profession" means any Security guard and patrol profession. - Any person, firm, association, or corporation that provides a security guard on a contractual basis for another person, firm, association, or corporation for a fee or other valuable consideration and performing performs one or more of the following functions:

a.         Prevention or detection of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on private property;property.

b.         Prevention, observation, or detection of any unauthorized activity on private property;property.

c.         Protection of patrons and persons lawfully authorized to be on the premises or being escorted between premises of the person, firm, association, or corporation that entered into the contract for security services; orservices.

d.         Control, regulation, or direction of the flow or movement of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to assure the protection of properties.

(7)       "Guard-dog service profession" means any Guard dog service profession. - Any person, firm, association, or corporation which for a fee or other valuable consideration contracts with another person, firm, association, or corporation to place, lease, rent, or sell a trained dog for the purpose of protecting lives or property for a fee or other valuable consideration.property.

(8)       "Private detective" or "private investigator" are synonymous and mean any Private detective or private investigator. - Any person who engages in the profession of or accepts employment to furnish, agrees to make, or makes inquiries or investigations concerning the below-listed topics any of the following on a contractual basis:

a.         Crimes or wrongs done or threatened against the United States or any state or territory of the United States;States.

b.         The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person;person.

c.         The location, disposition, or recovery of lost or stolen property;property.

d.         The cause or responsibility for fires, libels, losses, accidents, damages, or injuries to persons or to properties;properties.

e.         Securing evidence to be used before any court, board, officer, or investigative committee; orcommittee.

f.          Protection of individuals from serious bodily harm or death.

(9)       "Special limited guard and patrol profession" means any Special limited guard and patrol profession. - Any person who is licensed under Chapter 74D of the General Statutes of North Carolina and provides armed alarm responders pursuant to G.S. 74C-13. Applicants for this limited license shall not be required to meet the experience requirements for a security guard and patrol license. Any experience gained under this limited license shall not be counted as experience for a security guard and patrol license.

(b)       "Private protective services" shall not mean:include any of the following:

(1)       Licensed insurance adjusters legally employed as such and who engage in no other investigative activities unconnected with adjustment or claims against an insurance company;company.

(2)       An officer or employee of the United States, this State, or any political subdivision of either while such the officer or employee is engaged in the performance of his or her official duties within the course and scope of his or her employment with the United States, this State, or any political subdivision of either;either.

(3)       A person engaged exclusively in the business of obtaining and furnishing information as to the financial rating or credit worthiness of persons; and a person who provides consumer reports in connection with:

a.         Credit transactions involving the consumer on whom the information is to be furnished and involving the extensions of credit to the consumer,

b.         Information for employment purposes,

c.         Information for the underwriting of insurance involving the consumer,

d.         Information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility, or

e.         A legitimate business need for the information in connection with a business transaction involving the consumer;

(4)       An attorney at law licensed to practice in North Carolina while engaged in such the practice of law and his the attorney's agent, provided said the agent is performing duties only in connection with his or her principal's practice of law;

(5)       The legal owner or lien holder, and his or her agents and employees, of personal property which has been sold in a transaction wherein a security interest in personal property has been created to secure the sales transaction, who engage in repossession of said the personal property;

(6)       Repealed by Session Laws 1989, c. 759, s. 3.

(7)       Repealed by Session Laws 1981, c. 807, s. 1.

(8)       Employees of a licensee who are employed exclusively as undercover agents; provided that for purposes of this section, undercover agent means an individual hired by another person, firm, association, or corporation to perform a job for that person, firm, association, or corporation and, while performing such the job, to act as an undercover operative, employee, or independent contractor of a licensee, but under the supervision of a licensee;

(9)       A person who is engaged in an alarm systems business subject to the provisions of Chapter 74D of the General Statutes;

(10)     A person who obtains or verifies information regarding applicants for employment, with the knowledge and consent of the applicant, and is (i) engaged in business as a private personnel service as defined in G.S. 95-47.1 or engaged in business as a private employer fee pay personnel service, (ii) engaged in the business of obtaining or verifying information regarding applicants for employment, or (iii) an employer with whom the applicant has applied for employment;

(11)     A person who conducts efficiency studies. An efficiency study is an analysis of an employer's business, made at the request of the employer, to determine one or more of the following:

a.         The most efficient procedures by which an employee of the business can perform the employee's assigned duties.

b.         The adequacy of an employee's performance of the employee's assigned duties that require interaction with a client or customer of the business.

If a person making an efficiency study observes an instance of theft or another illegal act committed by an employee of the business, the person may report the instance to the employer without violating G.S. 74C-3(a)(8).

(12)     Research laboratories and consultants who analyze, test, or in any way apply their expertise to interpreting, evaluating, or analyzing facts or evidence submitted by another in order to determine the cause or effect of physical or psychological occurrences, and give their opinions and findings to the requesting source or to a designee of the requestor;

(13)     A person who works regularly and exclusively as an employee of an employer in connection with the business affairs of that employer. If the employee is an armed security guard and wears, carries, or possesses a firearm in the performance of his the employee's duties, the provisions of G.S. 74C-13 apply;

(14)     An employee of a security department of a private business that conducts investigations exclusively on matters internal to the business affairs of the business; or

(15)     Representatives of nonprofit organizations funded all or in part by business improvement districts who provide information and directions to local tourists and residents, engage in street cleaning and beautification services within the business improvement districts, and notify local law enforcement of any illegal activity observed by the representatives within the business improvement districts."

SECTION 2.  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 the power to:to do all of the following:

(1)       Promulgate Adopt rules necessary to carry out and administer the provisions of this Chapter including the authority to require the submission of reports and information by licensees under this Chapter;Chapter.

(2)       Determine minimum qualifications, establish and require written or oral examinations, and establish minimum education, experience, and training standards for applicants and licensees under this Chapter;Chapter.

(3)       Conduct investigations regarding alleged violations and to make evaluations as may be necessary to determine if licensees and trainees under this Chapter are complying with the provisions of this Chapter;Chapter.

(4)       Adopt and amend bylaws, consistent with law, for its internal management and control;control.

(5)       Approve individual applicants to be licensed or registered according to this Chapter;Chapter.

(6)       Deny, suspend, or revoke any license or trainee permit issued or to be issued under this Chapter to any applicant, licensee, or permit holder who fails to satisfy the requirements of this Chapter or the rules established by the Board. The denial, suspension, or revocation shall be in accordance with Chapter 150B of the General Statutes of North Carolina;Carolina.

(7)       Issue subpoenas to compel the attendance of witnesses and the production of pertinent books, accounts, records, and documents. The district court shall have the power to impose punishment pursuant to G.S. Chapter 5A, Article 2, for acts occurring in matters pending before the Private Protective Services Board which would constitute civil contempt if the acts occurred in an action pending in court;court.

(8)       Repealed by Session Laws 1989, c. 759, s. 5.

(9)       Establish Adopt rules governing detection of deception schools, and charge fees for reimbursement of costs incurred pursuant to approval of such schools; and the schools.

(10)     Contract for services as necessary to carry out the functions of the Board.

(11) Approve training schools, instructors, and course materials for any person, firm, association, or corporation wishing to provide training described in this Chapter.

(12) Approve a design for a badge or shield that indicates a person is licensed or registered to engage in private protective services. The badge or shield shall be approved by the North Carolina Sheriffs' Association and the North Carolina Association of Chiefs of Police."

SECTION 3.  G.S. 74C-9 reads as rewritten:

"§ 74C-9.  Form of license; term; renewal; posting; branch offices; not assignable; late renewal fee.

(a)       The license when issued shall be in such form as may be determined by the Board and shall state:

(1)       The name of the licensee,

(2)       The name under which the licensee is to operate, and

(3)       The number and expiration date of the license.

(b)       The license shall be issued for a term of one year.two years. A trainee permit shall be issued for a term of one year.two years. All licenses must be renewed prior to the expiration of the term of the license. Following issuance, the license shall at all times be posted in a conspicuous place in the licensee's principal place of business, in North Carolina, unless for good cause exempted by the Director. A license issued under this Chapter is not assignable. The Board may require all licensees to complete continuing education courses approved by the Board before renewal of their licenses.

(c)       Repealed by Session Laws 1989, c. 759, s. 7.

(d)       The operator or manager of any branch office shall be properly licensed or registered. The license shall be posted at all times in a conspicuous place in the branch office. This license shall be issued for a term of one year. Every business covered under the provisions of this Chapter shall file in writing with the Board the addresses of each of its branch offices, if any, within 10 working days after the establishment, closing, or changing of the location of any branch office. The Director may, upon the successful completion of an investigation of the application, issue a temporary branch office license pending approval of the application by the Board.

(e)       The Board is authorized to charge reasonable application and license fees as follows:

(1)       A nonrefundable initial application fee in an amount not to exceed one hundred fifty dollars ($150.00);

(2)       A new or renewal license fee in an amount not to exceed two hundred fifty dollars ($250.00);($250.00) per year of the license term;

(3)       A new or renewal trainee permit fee in an amount not to exceed two hundred fifty dollars ($250.00);($250.00) per year of the license term;

(4)       A new or renewal fee for each license or duplicate license in addition to the basic license referred to in subsection (2) in an amount not to exceed fifty dollars ($50.00);

(5)       A late renewal fee to be paid in addition to the renewal fee due in an amount not to exceed one hundred dollars ($100.00), if the license has not been renewed on or before the expiration date of the licensee;

(6)       A new, renewal, replacement or reissuance fee for an unarmed registration identification card in an amount not to exceed thirty dollars ($30.00);

(7)       An application fee for an armed security guarda firearm registration permit not to exceed fifty dollars ($50.00);

(8)       A new, renewal, replacement, or reissuance fee for an armed security guarda firearm registration permit not to exceed thirty dollars ($30.00);

(9)       An application fee for certification as a certified trainer not to exceed fifty dollars ($50.00);

(10)     A renewal or replacement fee for certified trainer certification not to exceed twenty-five dollars ($25.00);

(11)     A new nonresident temporary permit fee not to exceed one hundred dollars ($100.00);

(12)     An unarmed registration transfer fee not to exceed fifteen dollars ($15.00);

(13)     A branch office license fee not to exceed fifty dollars ($50.00); and

(14)     A special limited guard and patrol license fee 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 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.

(g)       Upon notification of approval of his the application by the Board, an applicant must furnish evidence that he the applicant has obtained the necessary liability insurance required by G.S. 74C-10 and obtain the license applied for or his the application shall lapse.

(h)       Trainee permits shall not be issued to applicants that qualify for a private detective license. A licensed private detective may supervise no more than five trainees at any given time."

SECTION 4.  G.S. 74C-10(e) reads as rewritten:

"(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. 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, 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 shall obtain a policy of liability insurance with a minimum coverage as specified above. A licensee is deemed to be 'carrying a firearm' for purposes of this section while engaged in private protective services if the licensee has a firearm on the licensee's person or in the automobile the licensee is using to perform private protective services."

SECTION 5.  G.S. 74C-10(h) reads as rewritten:

"(h)      Every security guard and patrol licensee, armored car licensee, special limited guard and patrol licensee, or licensee carrying a firearm while engaged in private protective services licensee shall at all times maintain on file with the Board the certificate of insurance required by this Chapter in full force and effect and upon failure to do so, the license of such licensee shall be automatically suspended and shall not be reinstated until an application therefor, in the form prescribed by the Board, is filed together with a proper insurance certificate.

No cancellation or refusal to renew by an insurer of a licensee under this Chapter shall be effective unless the insurer has given the insured licensee notice of the cancellation or refusal to renew. Upon termination of insurance coverage for said licensee, the insurer shall give notice to the Director of the Board."

SECTION 6.  G.S. 74C-11(d) reads as rewritten:

"(d)      An unarmed security guard shall make application to the Director for an unarmed registration card which the Director shall issue to said the applicant after receipt of the information required to be submitted by his the applicant's employer pursuant to subsection (a),(a) of this section, and after meeting any additional requirements which the Board, in its discretion, deems to be necessary. The unarmed security guard registration card shall be in the form of a pocket card designed by the Board, shall be issued in the name of the applicant, and may have the applicant's photograph affixed thereto. to the card. The unarmed security guard registration card shall expire one year after its date of issuance and shall be renewed every year. The Board may require all registration holders to complete continuing education courses approved by the Board before renewal of their registrations. If an unarmed registered security guard is terminated by a licensee and changes employment to another security guard and patrol company, the security guard's registration card shall remain valid, provided the security guard pays the unarmed guard registration transfer fee to the Board and a new unarmed security guard registration card is issued. An unarmed security guard whose transfer registration application and transfer fee have been sent to the Board may work with a copy of the transfer application until the registration card is issued."

SECTION 7.  G.S. 74C-12 reads as rewritten:

"§ 74C-12.  Denial, suspension, or revocation of license, registration, or permit.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, registration, or permit issued under this Chapter if it is determined that the applicant, licensee, registrant, or permit holder has: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, registration, or permit or for the renewal or reinstatement of a license, registration, or permit;permit.

(2)       Violated any provision of this Chapter;Chapter.

(3)       Violated any rule promulgated adopted by the Board pursuant to the authority contained in this Chapter;Chapter.

(4)       Repealed by Session Laws 1989, c. 759, s. 10.

(5)       Impersonated or permitted or aided and abetted any other person to impersonate a law enforcement officer of the United States, this State, any other state, or any political subdivision of a state;state.

(6)       Engaged in or permitted any employee to engage in a private protective services profession when not lawfully in possession of a valid license issued under the provisions of this Chapter;Chapter.

(7)       Willfully failed or refused to render to a client service as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties;parties.

(8)       Knowingly made any false report to the employer or client for whom information is being obtained;obtained.

(9)       Committed an unlawful breaking or entering, assault, battery, or kidnapping;kidnapping.

(10)     Knowingly violated or advised, encouraged, or assisted the violation of any court order or injunction in the course of business as a licensee;licensee.

(11)     Repealed by Session Laws 1989, c. 759, s. 10.

(12)     Undertaken to give legal advice or counsel or to in any way falsely represent that he or she is representing any attorney or he or she is appearing or will appear as an attorney in any legal proceeding;proceeding.

(13)     Issued, delivered, or uttered any simulation of process of any nature which might lead a person or persons to believe that such simulation - written, printed, or typed - may be a summons, warrant, writ or court process, or any pleading in any court proceeding;proceeding.

(14)     Failed to make the required contribution to the Private Protective Services Recovery Fund or failed to maintain the certificate of liability insurance required by this Chapter;Chapter.

(15)     Violated the firearm provisions set forth in this Chapter;Chapter.

(16)     Repealed by Session Laws 1989, c. 759, s. 10.

(17)     Failed to notify the Director by a business entity other than a sole proprietorship licensed pursuant to this Chapter of the cessation of employment of the business entity's qualifying agent within the time set forth in this Chapter;Chapter.

(18)     Failed to obtain a substitute qualifying agent by a business entity within 30 days after its qualifying agent has ceased to serve as the business entity's qualifying agent;agent.

(19)     Been judged incompetent by a court having jurisdiction under Chapter 35A or former Chapter 35 of the General Statutes or committed to a mental health facility for treatment of mental illness, as defined in G.S. 122C-3, by a court under G.S. 122C-271;G.S. 122C-271.

(20)     Failed or refused to offer a report to a client within 30 days of the client's written request;request after the client has paid for services rendered.

(21)     Been previously denied a license, registration, or permit under this Chapter or previously had a license, registration, or permit revoked for cause;cause.

(22)     Engaged in a private protective services profession under a name other than the name under which the license was obtained under the provisions of this Chapter;Chapter.

(23)     Divulged to any person, except as required by law, any information acquired by him the license holder except at the direction of the employer or client for whom the information was obtained. A licensee may divulge to any law enforcement officer or district attorney or his district attorney's representative any information the law enforcement officer may require to investigate a criminal offense with the prior approval and consent of the client;client.

(24)     Fraudulently held himself or herself out as employed by or licensed by the State Bureau of Investigation or any other governmental authority;authority.

(25)     Intemperate habits or lacks good moral character. The acts that are prima facie evidence of intemperate habits or lack of good moral character under G.S. 74C-8(d)(2) are prima facie evidence of the same under this subdivision;subdivision.

(26)     Advertised or solicited business using a name other than that in which the license was issued;issued.

(27)     Worn, carried, or accepted any badge or shield purporting to indicate that the person is a private detective or private investigatorlaw enforcement officer while licensed under the provisions of this Chapter as a private investigator.

(28) Possessed or displayed a badge or shield while providing private protective services that was not designed and approved by the Board pursuant to G.S. 74C-5(12).

(b)       The denial, revocation, or suspension of a license, registration, or permit by the Board shall be in writing, be signed by the Director of the Board, and state the grounds upon which the Board decision is based. The aggrieved person shall have the right to appeal from this decision as provided in Chapter 150B of the General Statutes. The aggrieved person shall file the appeal within 60 days of receipt of the Board's decision.

(c)       The following persons may not be issued a license, registration, or permit under this Chapter:

(1)       A sworn court official.

(2)       A holder of a company police commission under Chapter 74E of the General Statutes.

(d) A licensee shall report to the Board in writing within 30 days any charge, arrest for, or conviction of a misdemeanor or felony for any of the following:

(1) Crimes that have as an essential element dishonesty, deceit, fraud, or misrepresentation.

(2) Illegal use, possession, sale, manufacture, distribution, or transportation of a controlled substance, drug, narcotic, or alcoholic beverage.

(3) Illegal use, carrying, or possession of a firearm.

(4) Acts involving assault.

(5) Acts involving unlawful breaking or entering, burglary, or larceny.

(6) Any offense involving moral turpitude.

For purposes of this section, the term 'conviction' includes the entry of a plea of guilty, a plea of nolo contendere, prayer for judgment continued, or a finding of guilt by a court of competent jurisdiction. The licensee's failure to report a charge, arrest for, or conviction of a misdemeanor or felony is grounds for revocation of the license."

SECTION 8.  G.S. 74C-13 reads as rewritten:

"§ 74C-13.  Armed security guardlicensee or registered employee required to have firearm registration permit; security guardfirearms training.

(a)       It shall be unlawful for any person performing the duties of an armed security guardprivate protective services duties to carry a firearm in the performance of those duties without first having met the qualifications as set forth in of this section and having been issued a firearm registration permit by the Board. For the purposes of this section, the following terms are defined:

(a1) The following definitions apply in this section:

(1) Armed private investigator. - A licensed private investigator who, at any time, wears, carries, or possesses a firearm in the performance of duty.

(1)(1a) "Armed security guard" means an Armed security guard. - An individual employed by a contract security company or a proprietary security organization whose principal duty is that of an armed security watchman; armed armored car service guard; armed alarm system company responder; private detective; or armed courier service who at any time wears, carries, or possesses a firearm in the performance of duty.

(2)       "Contract security company" means any Contract security company. - Any person, firm, association, or corporation engaging in a private protective services profession that provides services on a contractual basis for a fee or other valuable consideration to any other person, firm, association, or corporation.

(3)       "Proprietary security organization" means any Proprietary security organization. - Any person, firm, association, or corporation or department thereof which employs security guards, alarm responders, armored car personnel, or couriers who are employed regularly and exclusively as an employee by an employer in connection with the business affairs of such the employer.

(b)       It shall be unlawful for any person, firm, association, or corporation and its agents and employees to employ an armed security guard or an armed private investigator and knowingly authorize or permit him the armed security guard or armed private investigator to carry a firearm during the course of performing his or her duties as an armed security guard or an armed private investigator if the Board has not issued him or her a firearm registration permit under this section or if the person, firm, association, or corporation permits an armed security guard or an armed private investigator to carry a firearm during the course of performing his or her duties whose firearm registration permit has been suspended, revoked, or has otherwise expired:

(1)       An armed security guard A firearm registration permit grants authority to the armed security guard, or armed private investigator, while in the performance of his or her duties or traveling directly to and from work, to carry a standard .38 caliber or .32 caliber revolver or any otherany firearm approved by the Board and not otherwise prohibited by law. The use of any firearm not approved by the Board is prohibited.

(2)       All firearms carried by authorized armed security guards in the performance of their duties shall be owned or leased by the employer. Personally owned firearms shall not be carried by an armed security guard in the performance of his or her duties.

(c)       The applicant for an armed security guarda firearm registration permit shall submit an application to the Board on a form provided by the Board.

(d)       Each armed security guard firearm registration permit issued under this section to an armed security guard shall be in the form of a pocket card designed by the Board and shall identify the contract security company or proprietary security organization by whom the holder of the firearm registration permit is employed. An armed security guardA firearm registration permit issued to an armed security guard expires one year after the date of its issuance and must be renewed annually unless the permit holder's employment terminates before the expiration of the permit. The Board may require all permit holders to complete continuing education courses approved by the Board before renewal of their permits.

(d1) Each firearm registration permit issued under this section to an armed private investigator shall be in the form of a pocket card designed by the Board and shall identify the name of the armed private investigator. While carrying a firearm and engaged in private protective services, the armed private investigator shall carry the firearms registration permit issued by the Board, together with valid identification, and shall disclose to any law enforcement officer that the person holds a valid permit and is carrying a firearm, whether concealed or in plain view, when approached or addressed by the law enforcement officer, and shall display both the permit and the proper identification upon the request of a law enforcement officer. A private investigator firearm registration permit expires one year from the date of issuance and shall be renewed annually. The Board may require all permit holders to complete continuing education courses approved by the Board before renewal of their permits.

(e)       If the holder of an armed security guard firearm registration permit terminates his or her employment with the contract security company or proprietary security organization, the firearm registration permit expires and must be returned to the Board within 15 working days of the date of termination of the employee.

(f)        A contract security company or proprietary security organization shall be allowed to employ an individual for 30 days as an armed security guard pending completion of the firearms training required by this Chapter, if the contract security company or proprietary security organization obtains prior approval from the Director. The Board and the Attorney General shall provide by rule the procedure by which an armed private investigator, a contract security company company, or a proprietary security organization applicant may be issued a temporary firearm registration permit by the Director of the Board pending a determination by the Board of whether to grant or deny an applicant a firearm registration permit.

(g)       The Board may suspend, revoke, or deny an armed security guarda firearm registration permit if the holder or applicant has been convicted of any crime involving moral turpitude or any crime involving the illegal use, carrying, or possession of a deadly weapon or for violation of this section or rules promulgated by the Board to implement this section. The Director may summarily suspend an armed security guarda firearm registration permit pending resolution of charges involving the illegal use, carrying, or possession of a firearm lodged against the holder of the permit.

(h)       The Board and the Attorney General shall establish a firearms training program for armed security guardslicensees and registered employees to be conducted by agencies and institutions approved by the Board and the Attorney General. The Board and the Attorney General may approve training programs conducted by a contract security company and the security department of a proprietary security organization, if the contract security company or security department of a proprietary security organization offers the courses listed in subdivision (1) of this subsection and if the instructors of the training program are certified trainers approved by the Board and the Attorney General:

(1)       The basic training course approved by the Board and the Attorney General shall consist of a minimum of four hours of classroom training which shall include include all of the following:

a.         Legal limitations on the use of hand guns and on the powers and authority of an armed security guard, guard.

b.         Familiarity with this section,section.

c.         Range firing and procedure and hand gun safety and maintenance, and maintenance.

d.         Any other topics of armed security guard training curriculum which the Board deems necessary.

(2)       An applicant for an armed security guarda firearm registration permit must fire a minimum qualifying score to be determined by the Board and the Attorney General on any approved target course approved by the Board and the Attorney General.

(3)       An armed security guardA firearms registrant must complete a refresher course and shall requalify on the prescribed target course prior to the renewal of his or her firearm registration permit.

(4)       The Board and the Attorney General shall have the authority to promulgate all rules necessary to administer the provisions of this section concerning the training requirements of this section.

(i)        The Board may not issue an armed security guarda firearm registration permit to an applicant until the applicant's employer submits evidence satisfactory to the Board that the applicant:

(1)       Has satisfactorily completed an approved training course.

(2)       Meets all the qualifications established by this section and by the rules promulgated to implement this section.

(3)       Is mentally and physically capable of handling a firearm within the guidelines set forth by the Board and the Attorney General.

(j)        The Board and the Attorney General are authorized to prescribe reasonable rules to implement this section, including rules for periodic requalification with the firearm and for the maintenance of records relating to persons issued an armed security guarda firearm registration permit by the Board.

(k)       All fees collected pursuant to G.S. 74C-9(e)(7) and (8) shall be expended, under the direction of the Board, for the purpose of defraying the expense of administering the firearms provisions of this Chapter.

(l)        The Board and the Attorney General shall establish a training program for certified trainers to be conducted by agencies and institutions approved by the Board and the Attorney General. The Board or the Attorney General shall have the authority to promulgate all rules necessary to administer the provisions of this subsection.

(1)       The Board and the Attorney General shall also establish renewal requirements for certified trainers. The Board may require all certified trainers to complete continuing education courses approved by the Board before renewal of their certifications.

(2)       No certified firearms trainer shall certify an armed security guarda licensee or registrant unless the armed security guardlicensee or registrant has successfully completed the firearms training requirements set out above in subsection (h) of this section.

(m)      The Board and the Attorney General shall establish a training program for unarmed security guards to be conducted by agencies and institutions approved by the Board and the Attorney General. The Board and the Attorney General shall have the authority to promulgate all rules necessary to administer the provisions of this subsection.

(n) A private investigator shall be permitted to carry a concealed weapon during the performance of his or her duties as a private investigator upon:  (i) obtaining a concealed weapon permit issued pursuant to G.S. 14-415.11; (ii) successfully completing the firearms training course approved by the Board and the Attorney General; and (iii) having a notation affixed to the face of the firearms registration card designating that the armed private investigator is allowed to carry a concealed weapon. A private investigator who does not carry a weapon during the course of his or her duties as a private investigator but who wishes to carry a concealed weapon while not engaged in private investigative duties shall be permitted to do so upon completion of the requirements set forth in Article 54B of Chapter 14 of the General Statutes."

SECTION 9.  Article 1 of Chapter 74C of the General Statutes is amended by adding a new section to read:

"§ 74C-22.  Continuing education.

The Board may require individuals holding a license, registration, certificate, or permit to complete continuing education courses approved by the Board before renewal. The Board shall establish, by rule, the number of hours of continuing education necessary for renewal and any other requirements for completion of continuing education courses. The Board shall have the authority to approve continuing education courses and shall consider the continuing education course criteria, including the course curriculum, the qualifications of the instructor, the potential benefit to the industry, and any other criteria the Board deems appropriate."

SECTION 10.  G.S. 74C-30 reads as rewritten:

"§ 74C-30.  Private Protective Services Recovery Fund created; payments to Fund; management; use of funds.

(a)       There is hereby created and established a special fund to be known as the "Private Protective Services Recovery Fund" (hereinafter Fund) which shall be set aside and maintained in the Office of the State Treasurer. Said Fund shall be used in the manner provided in this Article for the payment of claims where the aggrieved person has suffered a direct monetary loss by reason of certain acts committed by any person licensed under this Chapter.

(b)       Nothing contained in this Article shall limit the authority of  the Board to take disciplinary action against any licensee or trainee  under this Chapter, nor shall the repayment in full or all obligations to the Fund by any licensee or trainee nullify or modify the effect of any other disciplinary proceeding brought under this Chapter.

(c)       In addition to the fees provided for elsewhere in this Chapter, the Board shall charge the following fees which shall be deposited into the Fund:

(1) On July 1, 1983, the Board shall charge every licensee and trainee possessing a license or trainee permit on that date a fee of fifty dollars ($50.00);

(2)       The Board shall charge each new applicant for a licensee or trainee permit fifty dollars ($50.00), provided that for purposes of this Article a new applicant is hereby defined as an applicant who did not possess a license or trainee permit  on July 1, 1983; and

(3)       The Board is authorized to charge each licensee and trainee an additional amount, not to exceed fifty dollars ($50.00), on July 1 of any year in which the balance of the Fund is less than one hundred thousand dollars ($100,000),twenty-five thousand dollars ($25,000), provided that any amount so assessed will be only so much as is needed to raise the level of the Fund to one hundred thousand dollars ($100,000).twenty-five thousand dollars ($25,000).

(d)       The State Treasurer shall invest and reinvest the moneys in the Fund in a manner provided by law, provided that sufficient liquidity shall be maintained to satisfy claims authorized by the Board. The proceeds from such the investments shall be deposited to the credit of the Fund. The Board in its discretion, may use any and all of the proceeds from such the investments or funds that exceed twenty-five thousand dollars ($25,000) for any of the following purposes:

(1)       To advance education and research in the private protective services field for the benefit of those licensed under the provisions of this Chapter and for the improvement of the industry;industry.

(2)       To underwrite educational seminars, training centers and other educational projects for the use and benefit generally  of licensees and trainees; andtrainees.

(3)       To sponsor, contract for and to underwrite any and all additional educational training and research projects of a similar nature having to do with the advancement of the private protective services field in North Carolina. The Board shall have the authority to sponsor courses given by private individuals, associations, or corporations. However, the Board shall only grant funds as necessary to offset the actual cost of the educational course. Any individual, association, or corporation receiving grant money from the Board shall make the course available to the industry at large. Any individual, association, or corporation receiving grant money from the Board and advertising the course to the industry is required to include in its advertising the following statement:  'The course is being given in whole or in part by a grant from the Private Protective Services Board.'

(e) By a unanimous vote of the Board, funds in the Fund in excess of fifty thousand dollars ($50,000) may be converted to offset the operating expenses of the Board. However, in converting the funds, the Board shall make findings of fact by a written order or resolution supporting the need to make the conversion."

SECTION 11.  G.S. 74C-31(d) reads as rewritten:

"(d)      Until such time as the Fund reaches one hundred thousand dollars ($100,000),twenty-five thousand dollars ($25,000), or at any time the Fund has insufficient assets in excess of one hundred thousand dollars ($100,000)twenty-five thousand dollars ($25,000) to pay outstanding claims, the State Treasurer shall not disburse any payments to an aggrieved party. However, any party aggrieved and awarded payment as ordered by the Board which order is dated after July 1, 1983, shall hold a vested right for payment plus interest as provided in G.S. 24-1 once the Fund reaches a sufficient level for payments. Authorized payments which cannot be made due to the lack of funds will be paid as funds become available, beginning with those payments which have been unsatisfied for the longest period of time."

SECTION 12.  G.S. 14-269.2(g) reads as rewritten:

"(g)      This section shall not apply to:to any of the following:

(1)       A weapon used solely for educational or school-sanctioned ceremonial purposes, or used in a school-approved program conducted under the supervision of an adult whose supervision has been approved by the school authority;authority.

(1a)     A person exempted by the provisions of G.S. 14-269(b);14-269(b).

(2)       Firefighters, emergency service personnel, and North Carolina Forest Service personnel, and any private police employed by an educational institution, a school, when acting in the discharge of their official duties;duties.

(3)       Home schools as defined in G.S. 115C-563(a); or115C-563(a).

(4)       Weapons used for hunting purposes on the Howell Woods Nature Center property in Johnston County owned by Johnston Community College when used with the written permission of Johnston Community College or for hunting purposes on other educational property when used with the written permission of the governing body of the school that controls the educational property.

(5) A person registered under Chapter 74C of the General Statutes as an armed armored car service guard or an armed courier service guard when acting in the discharge of the guard's duties and with the permission of the college or university.

(6) A person registered under Chapter 74C of the General Statutes as an armed security guard while on the premises of a hospital or health care facility located on educational property when acting in the discharge of the guard's duties with the permission of the college or university."

SECTION 13.  Sections 12 and 13 of this act are effective when it becomes law.  The remainder of this act becomes effective October 1, 2007.

In the General Assembly read three times and ratified this the 2^nd day of August, 2007.

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives

                                                                    s/ Michael F. Easley

                                                                         Governor

Approved 1:12 p.m. this 30^th day of August, 2007