| 9 | | - | Indicates Matter Stricken Indicates New Matter Committee Report May 1, 2025 S. 269 Introduced by Senators Turner, Elliott and Zell S. Printed 5/1/25--H. [SEC 5/5/2025 9:20 AM] Read the first time April 9, 2025 ________ The committee on House Education and Public Works To whom was referred a Bill (S. 269) to amend the South Carolina Code of Laws by adding Section 59-19-275 so as to provide that public school districts with more than fifteen thousand students may use, etc., respectfully Report: That they have duly and carefully considered the same, and recommend that the same do pass: SHANNON ERICKSON for Committee. statement of estimated fiscal impact Explanation of Fiscal Impact State Expenditure This bill specifies that a public school district with more than 15,000 students may use security personnel who are armed or have been delegated arrest authority on the school premises if the district obtains a proprietary security business license from SLED. School districts remain obligated to use school resource officers as otherwise provided by law. This bill also requires SLED to implement certain training requirements for security personnel on school premises and specifies that school district security officers must be recertified every two years. The bill further specifies that school districts are not exempt from certain private security and investigative agency license requirements specified in Title 40, Chapter 18. S.C. Department of Education. This bill will have no expenditure impact on SCDE. The department indicates that it can manage the provisions of the bill with existing appropriations. State Agency Schools. This bill will have no expenditure impact on state agency schools. The Governor's School for Agriculture at John de la Howe, the Governor's School for the Arts and Humanities, the Governor's School for Science and Mathematics, the School for the Deaf and the Blind, and the Wil Lou Gray Opportunity School indicate that they can manage the provisions of the bill with existing appropriations. State Law Enforcement Division. SLED indicates that the bill will increase the agency's expenses by $132,320 in FY 2025-26. Of this amount, $124,320 is for 2.0 additional FTEs to manage the increase in applications for proprietary security business licenses from qualifying school districts, and $2,000 is for training and travel costs. The remaining $6,000 is for one-time equipment costs for the new FTEs. Expenses will decrease to $126,320 each year thereafter for the FTEs and training and travel costs. SLED reports that the agency will request a General Fund appropriation increase to fund the expenses. State Revenue This bill specifies that a public school district with more than 15,000 students may use certain security personnel on the school premises if the district obtains a propriety security business license from SLED. The bill also requires school district security officers to be recertified by SLED every two years. This bill may increase Other Funds revenue of SLED by an undetermined amount due to the potential increase in propriety security business license fees and security officer registration certificate fees collected by the agency. Based on information from SLED, the cost of a propriety security business license fee is $350. The total amount will depend upon the number of districts that obtain a proprietary security business license and the number of security officers requiring recertification each year. Local Expenditure This bill specifies that a public school district with more than 15,000 students may use security personnel who are armed or have been delegated arrest authority on the school premises if the district obtains a proprietary security business license from SLED. For reference, sixteen regular school districts and two charter school districts have more than 15,000 students in FY 2024-25. The overall expenditure impact of this bill on the local school districts will vary. SCDE surveyed the seventy-two regular school districts and three charter school districts and received responses from twenty-two districts. Twenty of the responding districts indicate that the bill will have no expenditure impact. The remaining two districts indicate that if they choose to use security personnel who are armed or have been delegated arrest authority on the school premises, this will increase expenses by an amount ranging from $2,735 to $20,000 for obtaining a propriety security business license, hiring security officers, SLED training and recertification, and equipment costs. Frank A. Rainwater, Executive Director Revenue and Fiscal Affairs Office _______ |
|---|
| 9 | + | Indicates Matter Stricken Indicates New Matter Committee Report May 1, 2025 S. 269 Introduced by Senators Turner, Elliott and Zell S. Printed 5/1/25--H. Read the first time April 9, 2025 ________ The committee on House Education and Public Works To whom was referred a Bill (S. 269) to amend the South Carolina Code of Laws by adding Section 59-19-275 so as to provide that public school districts with more than fifteen thousand students may use, etc., respectfully Report: That they have duly and carefully considered the same, and recommend that the same do pass: SHANNON ERICKSON for Committee. statement of estimated fiscal impact Explanation of Fiscal Impact State Expenditure This bill specifies that a public school district with more than 15,000 students may use security personnel who are armed or have been delegated arrest authority on the school premises if the district obtains a proprietary security business license from SLED. School districts remain obligated to use school resource officers as otherwise provided by law. This bill also requires SLED to implement certain training requirements for security personnel on school premises and specifies that school district security officers must be recertified every two years. The bill further specifies that school districts are not exempt from certain private security and investigative agency license requirements specified in Title 40, Chapter 18. S.C. Department of Education. This bill will have no expenditure impact on SCDE. The department indicates that it can manage the provisions of the bill with existing appropriations. State Agency Schools. This bill will have no expenditure impact on state agency schools. The Governor's School for Agriculture at John de la Howe, the Governor's School for the Arts and Humanities, the Governor's School for Science and Mathematics, the School for the Deaf and the Blind, and the Wil Lou Gray Opportunity School indicate that they can manage the provisions of the bill with existing appropriations. State Law Enforcement Division. SLED indicates that the bill will increase the agency's expenses by $132,320 in FY 2025-26. Of this amount, $124,320 is for 2.0 additional FTEs to manage the increase in applications for proprietary security business licenses from qualifying school districts, and $2,000 is for training and travel costs. The remaining $6,000 is for one-time equipment costs for the new FTEs. Expenses will decrease to $126,320 each year thereafter for the FTEs and training and travel costs. SLED reports that the agency will request a General Fund appropriation increase to fund the expenses. State Revenue This bill specifies that a public school district with more than 15,000 students may use certain security personnel on the school premises if the district obtains a propriety security business license from SLED. The bill also requires school district security officers to be recertified by SLED every two years. This bill may increase Other Funds revenue of SLED by an undetermined amount due to the potential increase in propriety security business license fees and security officer registration certificate fees collected by the agency. Based on information from SLED, the cost of a propriety security business license fee is $350. The total amount will depend upon the number of districts that obtain a proprietary security business license and the number of security officers requiring recertification each year. Local Expenditure This bill specifies that a public school district with more than 15,000 students may use security personnel who are armed or have been delegated arrest authority on the school premises if the district obtains a proprietary security business license from SLED. For reference, sixteen regular school districts and two charter school districts have more than 15,000 students in FY 2024-25. The overall expenditure impact of this bill on the local school districts will vary. SCDE surveyed the seventy-two regular school districts and three charter school districts and received responses from twenty-two districts. Twenty of the responding districts indicate that the bill will have no expenditure impact. The remaining two districts indicate that if they choose to use security personnel who are armed or have been delegated arrest authority on the school premises, this will increase expenses by an amount ranging from $2,735 to $20,000 for obtaining a propriety security business license, hiring security officers, SLED training and recertification, and equipment costs. Frank A. Rainwater, Executive Director Revenue and Fiscal Affairs Office _______ |
|---|
| 24 | 24 | | |
|---|
| 25 | 25 | | Read the first time April 9, 2025 |
|---|
| 26 | 26 | | |
|---|
| 27 | 27 | | ________ |
|---|
| 28 | 28 | | |
|---|
| 29 | 29 | | The committee on House Education and Public Works |
|---|
| 30 | 30 | | |
|---|
| 31 | 31 | | To whom was referred a Bill (S. 269) to amend the South Carolina Code of Laws by adding Section 59-19-275 so as to provide that public school districts with more than fifteen thousand students may use, etc., respectfully |
|---|
| 32 | 32 | | |
|---|
| 33 | 33 | | Report: |
|---|
| 34 | 34 | | |
|---|
| 35 | 35 | | That they have duly and carefully considered the same, and recommend that the same do pass: |
|---|
| 36 | 36 | | |
|---|
| 37 | 37 | | SHANNON ERICKSON for Committee. |
|---|
| 38 | 38 | | |
|---|
| 39 | 39 | | statement of estimated fiscal impact |
|---|
| 40 | 40 | | |
|---|
| 41 | 41 | | Explanation of Fiscal Impact |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | State Expenditure |
|---|
| 44 | 44 | | |
|---|
| 45 | 45 | | This bill specifies that a public school district with more than 15,000 students may use security personnel who are armed or have been delegated arrest authority on the school premises if the district obtains a proprietary security business license from SLED. School districts remain obligated to use school resource officers as otherwise provided by law. This bill also requires SLED to implement certain training requirements for security personnel on school premises and specifies that school district security officers must be recertified every two years. The bill further specifies that school districts are not exempt from certain private security and investigative agency license requirements specified in Title 40, Chapter 18. |
|---|
| 46 | 46 | | |
|---|
| 47 | 47 | | S.C. Department of Education. This bill will have no expenditure impact on SCDE. The department indicates that it can manage the provisions of the bill with existing appropriations. |
|---|
| 48 | 48 | | |
|---|
| 49 | 49 | | State Agency Schools. This bill will have no expenditure impact on state agency schools. The Governor's School for Agriculture at John de la Howe, the Governor's School for the Arts and Humanities, the Governor's School for Science and Mathematics, the School for the Deaf and the Blind, and the Wil Lou Gray Opportunity School indicate that they can manage the provisions of the bill with existing appropriations. |
|---|
| 50 | 50 | | |
|---|
| 51 | 51 | | State Law Enforcement Division. SLED indicates that the bill will increase the agency's expenses by $132,320 in FY 2025-26. Of this amount, $124,320 is for 2.0 additional FTEs to manage the increase in applications for proprietary security business licenses from qualifying school districts, and $2,000 is for training and travel costs. The remaining $6,000 is for one-time equipment costs for the new FTEs. Expenses will decrease to $126,320 each year thereafter for the FTEs and training and travel costs. SLED reports that the agency will request a General Fund appropriation increase to fund the expenses. |
|---|
| 52 | 52 | | |
|---|
| 53 | 53 | | State Revenue |
|---|
| 54 | 54 | | |
|---|
| 55 | 55 | | This bill specifies that a public school district with more than 15,000 students may use certain security personnel on the school premises if the district obtains a propriety security business license from SLED. The bill also requires school district security officers to be recertified by SLED every two years. |
|---|
| 56 | 56 | | |
|---|
| 57 | 57 | | This bill may increase Other Funds revenue of SLED by an undetermined amount due to the potential increase in propriety security business license fees and security officer registration certificate fees collected by the agency. Based on information from SLED, the cost of a propriety security business license fee is $350. The total amount will depend upon the number of districts that obtain a proprietary security business license and the number of security officers requiring recertification each year. |
|---|
| 58 | 58 | | |
|---|
| 59 | 59 | | Local Expenditure |
|---|
| 60 | 60 | | |
|---|
| 61 | 61 | | This bill specifies that a public school district with more than 15,000 students may use security personnel who are armed or have been delegated arrest authority on the school premises if the district obtains a proprietary security business license from SLED. For reference, sixteen regular school districts and two charter school districts have more than 15,000 students in FY 2024-25. |
|---|
| 62 | 62 | | |
|---|
| 63 | 63 | | The overall expenditure impact of this bill on the local school districts will vary. SCDE surveyed the seventy-two regular school districts and three charter school districts and received responses from twenty-two districts. Twenty of the responding districts indicate that the bill will have no expenditure impact. The remaining two districts indicate that if they choose to use security personnel who are armed or have been delegated arrest authority on the school premises, this will increase expenses by an amount ranging from $2,735 to $20,000 for obtaining a propriety security business license, hiring security officers, SLED training and recertification, and equipment costs. |
|---|
| 64 | 64 | | |
|---|
| 65 | 65 | | Frank A. Rainwater, Executive Director |
|---|
| 66 | 66 | | |
|---|
| 67 | 67 | | Revenue and Fiscal Affairs Office |
|---|
| 68 | 68 | | |
|---|
| 69 | 69 | | _______ |
|---|
| 70 | 70 | | |
|---|
| 71 | | - | A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-19-275 SO AS TO PROVIDE THAT PUBLIC SCHOOL DISTRICTS WITH MORE THAN FIFTEEN THOUSAND STUDENTS MAY USE SECURITY PERSONNEL LICENSED AS A PROPRIETARY SECURITY BUSINESS; BY AMENDING SECTION 40-18-60, RELATING TO QUALIFICATIONS OF A LICENSEE, SO AS TO ADD PROVISIONS CONCERNING PUBLIC SCHOOL DISTRICTS APPLYING FOR LICENSURE; BY AMENDING SECTION 40-18-80, RELATING TO QUALIFICATIONS OF APPLICANTS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION SHALL IMPLEMENT CERTAIN RELATED TRAINING REQUIREMENTS; AND BY AMENDING SECTION 40-18-140, RELATING TO EXCEPTIONS FROM APPLICATIONS OF THIS CHAPTER, SO AS TO CLARIFY THAT PUBLIC SCHOOL DISTRICTS ARE EXCLUDED FROM THESE REQUIREMENTS. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Chapter 19, Title 59 of the S.C. Code is amended by adding: Section 59-19-275. Each public school district may use the services of personnel who are armed or delegated arrest authority to work on the premises of the district to promote safety and security on the premises, provided the district shall obtain proprietary security business licensure as provided in Section 40-18-60 and Section 40-18-80 and otherwise comply with the applicable requirements of those sections. The provisions of this section do not affect any requirement that a school district use the services of a school resource officer as provided by law. A school district, by obtaining proprietary security business licensure, may enhance school security and safety but shall not supplant the use of a school resource officer in a school, and security personnel hired under the authorization of this section shall not be used in the advisor and teacher roles authorized for school resource officers as provided in Section 5-7-12. SECTION 2. Section 40-18-60(A) of the S.C. Code is amended to read: (A) An employer who utilizes uses a person who is armed, uniformed, or has been delegated arrest authority for work on the employer's premises in connection with the affairs of the employer must make application to SLED for a proprietary security business license and pay an annual license fee, set by SLED regulation. (1) If the applicant is an association or corporation, then the chief executive officer of the association or corporation must be the applicant or must designate in writing the corporate officer or principal who is the applicant. (2) If the applicant is a partnership, then all partners must complete an application form. (3) If the applicant is a public school district, then the district board of trustees must designate in writing that the superintendent is the applicant. If the applicant is a charter school authorized by the South Carolina Public Charter School District or an approved public or independent institution of higher learning, the authorizer must designate in writing that the superintendent of the authorizer of the charter school is the applicant. SLED shall develop standards and guidelines applicable to the provisions of private security in schools. SLED shall only approve those school districts or charter schools who have demonstrated that the applicant and all employees intended to be used in this capacity have the requisite training, background, and experience to successfully and safely provide private security and exercise law enforcement authority in a school setting and can operate in a manner that ensures public safety. (3)(4) The application for license must be made, under oath, on a form approved by SLED. The application must state the applicant's full name, age, date and place of birth, current residence address, residence addresses for the past ten years, employment for the past ten years, including names and addresses of employers, the applicant's current occupation with the name and address of the current employer, the date and place of any arrests, any convictions for violations of federal or state laws, and any additional information as SLED may require. Each applicant must submit with the application one complete set of the applicant's fingerprints on forms specified and furnished by SLED and one color photograph of the applicant's full face, without head covering, taken within six months of the application. SECTION 3. Section 40-18-80(A) of the S.C. Code is amended to read: (A) Persons performing the duties of security officers must also obtain valid security officer registration certificates. Except as provided in Section 40-18-90, a licensee may not authorize a person to perform the duties of a security officer unless that person holds a valid security officer registration certificate or has applied for a security officer registration certificate and meets the requirements of Section 40-18-80(A)(2). A contract or proprietary security business licensee must verify that each security officer immediately upon hiring possesses a valid security officer registration certificate or has applied for one. The licensee may apply and pay the fee for the security officer registration certificate or may require the person to be employed as a security officer to apply and pay the fee. For purposes of the penalties provisions of this chapter, the licensee and the person to be employed as a security officer are both responsible for ensuring that the person performing duties of a security officer is registered or has made application to be registered. (1) The application must be made on forms approved by SLED and, under oath, the applicant must furnish the applicant's full name, age, date and place of birth, current residence address, residence addresses for the past ten years, employment for the past ten years, including names and addresses of employers, the applicant's current occupation with the name and address of the current employer, the date and place of any arrests, any convictions for violations of federal or state laws, and any additional information as SLED requires. The application must be accompanied by one set of fingerprints of the applicant and one photograph of the applicant in color, full face and without head covering, taken within six months prior to the application and certified results of a SLED-approved drug screen. (2) Pending issuance of a registration certificate, a security officer may perform the duties of a security officer for up to thirty days after receipt by SLED of his application for registration; however, a person authorized to perform duties under this section has no arrest authority and must not carry a firearm until SLED issues a registration certificate. If SLED does not issue a registration certificate within thirty days of receipt of the application, a security officer must cease performing all security-related activities. (3) SLED shall implement training requirements for the initial registration and renewal registration of applicants. These training requirements may impose additional training for persons working as security officers in the school setting to enhance accountability and compliance. School districts must not employ any person as a security officer in a school unless the person is at least twenty-one years of age and the school district also has: (a) a full-time division solely dedicated to security and emergency management; (b) a written agreement with the local law enforcement agency for shared, consistent joint training and continuous education in firearms, defensive tactics, active shooter or assailant scenarios, legal updates, and other areas addressed by the local law enforcement agency; and (c) school district security officers recertified every two years. (3)(4) Upon being satisfied of the suitability of the applicant for employment and the applicant's successful completion of an approved training program, SLED must register the employee and notify the licensee. (4)(5) SLED may issue or renew a registration certificate to a person who: (a) is employed by a licensed security business; (b) is at least eighteen years of age; (c) is a citizen of the United States; (d) has not been convicted of a felony or crime involving moral turpitude; (e) is of good moral character; (f) does not unlawfully use drugs; (g) does not use alcohol to such a degree as to affect adversely his ability to perform competently the duties of a security company licensee, has not been adjudicated an incapacitated person without being restored to legal competency, and who has no physical or mental impairment which would prevent him from competently performing the duties of a security company licensee; (h) has passed a SLED-approved pre-employment drug test; (i) has not been discharged from the military service with other than honorable conditions; and (j) has not been refused a license under this chapter for any reason other than minimum experience requirements and has not had a license under this chapter revoked or suspended. (5)(6) While on duty, a registered person must have his registration certificate in possession. (6)(7) A registered person who is arrested must report the arrest to SLED within seventy-two hours of the arrest. (7)(8) The licensee must notify SLED within ten days of the termination or hiring of a registered security officer. (8)(9) Registration is valid for one year; however, the registered person may perform the duties of a security officer only while employed by a person licensed under this chapter to provide security services or while working in a self-employed capacity provided that the officer is also a licensee. (9)(10) Application for renewal of registration must be made on a form approved by SLED. (10)(11) The initial and annual renewal registration fee for an employee registered in accordance with this section must be set by SLED by regulation. SECTION 4. Section 40-18-140(1) of the S.C. Code is amended to read: (1) an officer or employee of the federal government, or of this State or a political subdivision of either, excluding school districts, or of a municipal corporation while the employee or officer is engaged in the performance of official duties; SECTION 5. This act takes effect upon approval by the Governor. ----XX---- |
|---|
| 71 | + | A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-19-275 SO AS TO PROVIDE THAT PUBLIC SCHOOL DISTRICTS WITH MORE THAN FIFTEEN THOUSAND STUDENTS MAY USE SECURITY PERSONNEL LICENSED AS A PROPRIETARY SECURITY BUSINESS; BY AMENDING SECTION 40-18-60, RELATING TO QUALIFICATIONS OF A LICENSEE, SO AS TO ADD PROVISIONS CONCERNING PUBLIC SCHOOL DISTRICTS APPLYING FOR LICENSURE; BY AMENDING SECTION 40-18-80, RELATING TO QUALIFICATIONS OF APPLICANTS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION SHALL IMPLEMENT CERTAIN RELATED TRAINING REQUIREMENTS; AND BY AMENDING SECTION 40-18-140, RELATING TO EXCEPTIONS FROM APPLICATIONS OF THIS CHAPTER, SO AS TO CLARIFY THAT PUBLIC SCHOOL DISTRICTS ARE EXCLUDED FROM THESE REQUIREMENTS. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Chapter 19, Title 59 of the S.C. Code is amended by adding: Section 59-19-275. Each public school district may use the services of personnel who are armed or delegated arrest authority to work on the premises of the district to promote safety and security on the premises, provided the district shall obtain proprietary security business licensure as provided in Section 40-18-60 and Section 40-18-80 and otherwise comply with the applicable requirements of those sections. The provisions of this section do not affect any requirement that a school district use the services of a school resource officer as provided by law. A school district, by obtaining a proprietary security business licensure, may enhance school security and safety but shall not supplant the use of a school resource officer in a school, and security personnel hired under the authorization of this section shall not be used in the advisor and teacher roles authorized for school resource officers as provided in Section 5-7-12. SECTION 2. Section 40-18-60(A) of the S.C. Code is amended to read: (A) An employer who utilizes uses a person who is armed, uniformed, or has been delegated arrest authority for work on the employer's premises in connection with the affairs of the employer must make application to SLED for a proprietary security business license and pay an annual license fee, set by SLED regulation. (1) If the applicant is an association or corporation, then the chief executive officer of the association or corporation must be the applicant or must designate in writing the corporate officer or principal who is the applicant. (2) If the applicant is a partnership, then all partners must complete an application form. (3) If the applicant is a public school district, then the district board of trustees must designate in writing that the superintendent is the applicant. If the applicant is a charter school authorized by the South Carolina Public Charter School District or an approved public or independent institution of higher learning, the authorizer must designate in writing that the superintendent of the authorizer of the charter school is the applicant. SLED shall develop standards and guidelines applicable to the provisions of private security in schools. SLED shall only approve those school districts or charter schools who have demonstrated that the applicant and all employees intended to be used in this capacity have the requisite training, background, and experience to successfully and safely provide private security and exercise law enforcement authority in a school setting and can operate in a manner that ensures public safety. (3)(4) The application for license must be made, under oath, on a form approved by SLED. The application must state the applicant's full name, age, date and place of birth, current residence address, residence addresses for the past ten years, employment for the past ten years, including names and addresses of employers, the applicant's current occupation with the name and address of the current employer, the date and place of any arrests, any convictions for violations of federal or state laws, and any additional information as SLED may require. Each applicant must submit with the application one complete set of the applicant's fingerprints on forms specified and furnished by SLED and one color photograph of the applicant's full face, without head covering, taken within six months of the application. SECTION 3. Section 40-18-80(A) of the S.C. Code is amended to read: (A) Persons performing the duties of security officers must also obtain valid security officer registration certificates. Except as provided in Section 40-18-90, a licensee may not authorize a person to perform the duties of a security officer unless that person holds a valid security officer registration certificate or has applied for a security officer registration certificate and meets the requirements of Section 40-18-80(A)(2). A contract or proprietary security business licensee must verify that each security officer immediately upon hiring possesses a valid security officer registration certificate or has applied for one. The licensee may apply and pay the fee for the security officer registration certificate or may require the person to be employed as a security officer to apply and pay the fee. For purposes of the penalties provisions of this chapter, the licensee and the person to be employed as a security officer are both responsible for ensuring that the person performing duties of a security officer is registered or has made application to be registered. (1) The application must be made on forms approved by SLED and, under oath, the applicant must furnish the applicant's full name, age, date and place of birth, current residence address, residence addresses for the past ten years, employment for the past ten years, including names and addresses of employers, the applicant's current occupation with the name and address of the current employer, the date and place of any arrests, any convictions for violations of federal or state laws, and any additional information as SLED requires. The application must be accompanied by one set of fingerprints of the applicant and one photograph of the applicant in color, full face and without head covering, taken within six months prior to the application and certified results of a SLED-approved drug screen. (2) Pending issuance of a registration certificate, a security officer may perform the duties of a security officer for up to thirty days after receipt by SLED of his application for registration; however, a person authorized to perform duties under this section has no arrest authority and must not carry a firearm until SLED issues a registration certificate. If SLED does not issue a registration certificate within thirty days of receipt of the application, a security officer must cease performing all security-related activities. (3) SLED shall implement training requirements for the initial registration and renewal registration of applicants. These training requirements may impose additional training for persons working as security officers in the school setting to enhance accountability and compliance. School districts must not employ any person as a security officer in a school unless the person is at least twenty-one years of age and the school district also has: (a) a full-time division solely dedicated to security and emergency management; (b) a written agreement with the local law enforcement agency for shared, consistent joint training and continuous education in firearms, defensive tactics, active shooter or assailant scenarios, legal updates, and other areas addressed by the local law enforcement agency; and (c) school district security officers recertified every two years. (3)(4) Upon being satisfied of the suitability of the applicant for employment and the applicant's successful completion of an approved training program, SLED must register the employee and notify the licensee. (4)(5) SLED may issue or renew a registration certificate to a person who: (a) is employed by a licensed security business; (b) is at least eighteen years of age; (c) is a citizen of the United States; (d) has not been convicted of a felony or crime involving moral turpitude; (e) is of good moral character; (f) does not unlawfully use drugs; (g) does not use alcohol to such a degree as to affect adversely his ability to perform competently the duties of a security company licensee, has not been adjudicated an incapacitated person without being restored to legal competency, and who has no physical or mental impairment which would prevent him from competently performing the duties of a security company licensee; (h) has passed a SLED-approved pre-employment drug test; (i) has not been discharged from the military service with other than honorable conditions; and (j) has not been refused a license under this chapter for any reason other than minimum experience requirements and has not had a license under this chapter revoked or suspended. (5)(6) While on duty, a registered person must have his registration certificate in possession. (6)(7) A registered person who is arrested must report the arrest to SLED within seventy-two hours of the arrest. (7)(8) The licensee must notify SLED within ten days of the termination or hiring of a registered security officer. (8)(9) Registration is valid for one year; however, the registered person may perform the duties of a security officer only while employed by a person licensed under this chapter to provide security services or while working in a self-employed capacity provided that the officer is also a licensee. (9)(10) Application for renewal of registration must be made on a form approved by SLED. (10)(11) The initial and annual renewal registration fee for an employee registered in accordance with this section must be set by SLED by regulation. SECTION 4. Section 40-18-140(1) of the S.C. Code is amended to read: (1) an officer or employee of the federal government, or of this State or a political subdivision of either, excluding school districts, or of a municipal corporation while the employee or officer is engaged in the performance of official duties; SECTION 5. This act takes effect upon approval by the Governor. ----XX---- |
|---|
| 82 | 82 | | |
|---|
| 83 | 83 | | SECTION 2. Section 40-18-60(A) of the S.C. Code is amended to read: |
|---|
| 84 | 84 | | |
|---|
| 85 | 85 | | (A) An employer who utilizes uses a person who is armed, uniformed, or has been delegated arrest authority for work on the employer's premises in connection with the affairs of the employer must make application to SLED for a proprietary security business license and pay an annual license fee, set by SLED regulation. |
|---|
| 86 | 86 | | |
|---|
| 87 | 87 | | (1) If the applicant is an association or corporation, then the chief executive officer of the association or corporation must be the applicant or must designate in writing the corporate officer or principal who is the applicant. |
|---|
| 88 | 88 | | |
|---|
| 89 | 89 | | (2) If the applicant is a partnership, then all partners must complete an application form. |
|---|
| 90 | 90 | | |
|---|
| 91 | 91 | | (3) If the applicant is a public school district, then the district board of trustees must designate in writing that the superintendent is the applicant. If the applicant is a charter school authorized by the South Carolina Public Charter School District or an approved public or independent institution of higher learning, the authorizer must designate in writing that the superintendent of the authorizer of the charter school is the applicant. SLED shall develop standards and guidelines applicable to the provisions of private security in schools. SLED shall only approve those school districts or charter schools who have demonstrated that the applicant and all employees intended to be used in this capacity have the requisite training, background, and experience to successfully and safely provide private security and exercise law enforcement authority in a school setting and can operate in a manner that ensures public safety. |
|---|
| 92 | 92 | | |
|---|
| 93 | 93 | | (3)(4) The application for license must be made, under oath, on a form approved by SLED. The application must state the applicant's full name, age, date and place of birth, current residence address, residence addresses for the past ten years, employment for the past ten years, including names and addresses of employers, the applicant's current occupation with the name and address of the current employer, the date and place of any arrests, any convictions for violations of federal or state laws, and any additional information as SLED may require. Each applicant must submit with the application one complete set of the applicant's fingerprints on forms specified and furnished by SLED and one color photograph of the applicant's full face, without head covering, taken within six months of the application. |
|---|
| 94 | 94 | | |
|---|
| 95 | 95 | | SECTION 3. Section 40-18-80(A) of the S.C. Code is amended to read: |
|---|
| 96 | 96 | | |
|---|
| 97 | 97 | | (A) Persons performing the duties of security officers must also obtain valid security officer registration certificates. Except as provided in Section 40-18-90, a licensee may not authorize a person to perform the duties of a security officer unless that person holds a valid security officer registration certificate or has applied for a security officer registration certificate and meets the requirements of Section 40-18-80(A)(2). A contract or proprietary security business licensee must verify that each security officer immediately upon hiring possesses a valid security officer registration certificate or has applied for one. The licensee may apply and pay the fee for the security officer registration certificate or may require the person to be employed as a security officer to apply and pay the fee. For purposes of the penalties provisions of this chapter, the licensee and the person to be employed as a security officer are both responsible for ensuring that the person performing duties of a security officer is registered or has made application to be registered. |
|---|
| 98 | 98 | | |
|---|
| 99 | 99 | | (1) The application must be made on forms approved by SLED and, under oath, the applicant must furnish the applicant's full name, age, date and place of birth, current residence address, residence addresses for the past ten years, employment for the past ten years, including names and addresses of employers, the applicant's current occupation with the name and address of the current employer, the date and place of any arrests, any convictions for violations of federal or state laws, and any additional information as SLED requires. The application must be accompanied by one set of fingerprints of the applicant and one photograph of the applicant in color, full face and without head covering, taken within six months prior to the application and certified results of a SLED-approved drug screen. |
|---|
| 100 | 100 | | |
|---|
| 101 | 101 | | (2) Pending issuance of a registration certificate, a security officer may perform the duties of a security officer for up to thirty days after receipt by SLED of his application for registration; however, a person authorized to perform duties under this section has no arrest authority and must not carry a firearm until SLED issues a registration certificate. If SLED does not issue a registration certificate within thirty days of receipt of the application, a security officer must cease performing all security-related activities. |
|---|
| 102 | 102 | | |
|---|
| 103 | 103 | | (3) SLED shall implement training requirements for the initial registration and renewal registration of applicants. These training requirements may impose additional training for persons working as security officers in the school setting to enhance accountability and compliance. School districts must not employ any person as a security officer in a school unless the person is at least twenty-one years of age and the school district also has: |
|---|
| 104 | 104 | | |
|---|
| 105 | 105 | | (a) a full-time division solely dedicated to security and emergency management; |
|---|
| 106 | 106 | | |
|---|
| 107 | 107 | | (b) a written agreement with the local law enforcement agency for shared, consistent joint training and continuous education in firearms, defensive tactics, active shooter or assailant scenarios, legal updates, and other areas addressed by the local law enforcement agency; and |
|---|
| 108 | 108 | | |
|---|
| 109 | 109 | | (c) school district security officers recertified every two years. |
|---|
| 110 | 110 | | |
|---|
| 111 | 111 | | (3)(4) Upon being satisfied of the suitability of the applicant for employment and the applicant's successful completion of an approved training program, SLED must register the employee and notify the licensee. |
|---|
| 112 | 112 | | |
|---|
| 113 | 113 | | (4)(5) SLED may issue or renew a registration certificate to a person who: |
|---|
| 114 | 114 | | |
|---|
| 115 | 115 | | (a) is employed by a licensed security business; |
|---|
| 116 | 116 | | |
|---|
| 117 | 117 | | (b) is at least eighteen years of age; |
|---|
| 118 | 118 | | |
|---|
| 119 | 119 | | (c) is a citizen of the United States; |
|---|
| 120 | 120 | | |
|---|
| 121 | 121 | | (d) has not been convicted of a felony or crime involving moral turpitude; |
|---|
| 122 | 122 | | |
|---|
| 123 | 123 | | (e) is of good moral character; |
|---|
| 124 | 124 | | |
|---|
| 125 | 125 | | (f) does not unlawfully use drugs; |
|---|
| 126 | 126 | | |
|---|
| 127 | 127 | | (g) does not use alcohol to such a degree as to affect adversely his ability to perform competently the duties of a security company licensee, has not been adjudicated an incapacitated person without being restored to legal competency, and who has no physical or mental impairment which would prevent him from competently performing the duties of a security company licensee; |
|---|
| 128 | 128 | | |
|---|
| 129 | 129 | | (h) has passed a SLED-approved pre-employment drug test; |
|---|
| 130 | 130 | | |
|---|
| 131 | 131 | | (i) has not been discharged from the military service with other than honorable conditions; and |
|---|
| 132 | 132 | | |
|---|
| 133 | 133 | | (j) has not been refused a license under this chapter for any reason other than minimum experience requirements and has not had a license under this chapter revoked or suspended. |
|---|
| 134 | 134 | | |
|---|
| 135 | 135 | | (5)(6) While on duty, a registered person must have his registration certificate in possession. |
|---|
| 136 | 136 | | |
|---|
| 137 | 137 | | (6)(7) A registered person who is arrested must report the arrest to SLED within seventy-two hours of the arrest. |
|---|
| 138 | 138 | | |
|---|
| 139 | 139 | | (7)(8) The licensee must notify SLED within ten days of the termination or hiring of a registered security officer. |
|---|
| 140 | 140 | | |
|---|
| 141 | 141 | | (8)(9) Registration is valid for one year; however, the registered person may perform the duties of a security officer only while employed by a person licensed under this chapter to provide security services or while working in a self-employed capacity provided that the officer is also a licensee. |
|---|
| 142 | 142 | | |
|---|
| 143 | 143 | | (9)(10) Application for renewal of registration must be made on a form approved by SLED. |
|---|
| 144 | 144 | | |
|---|
| 145 | 145 | | (10)(11) The initial and annual renewal registration fee for an employee registered in accordance with this section must be set by SLED by regulation. |
|---|
| 146 | 146 | | |
|---|
| 147 | 147 | | SECTION 4. Section 40-18-140(1) of the S.C. Code is amended to read: |
|---|
| 148 | 148 | | |
|---|
| 149 | 149 | | (1) an officer or employee of the federal government, or of this State or a political subdivision of either, excluding school districts, or of a municipal corporation while the employee or officer is engaged in the performance of official duties; |
|---|
| 150 | 150 | | |
|---|
| 151 | 151 | | SECTION 5. This act takes effect upon approval by the Governor. |
|---|
| 152 | 152 | | |
|---|
| 153 | 153 | | ----XX---- |
|---|
| 154 | 154 | | |
|---|