§ 74C-3. Private protective services profession defined. - North Carolina Statutes

§ 74C‑3.  Privateprotective services profession defined.

(a)        As used in thisChapter, the term "private protective services profession" means andincludes the following:

(1)        Armored carprofession. – Any person, firm, association, or corporation which for a fee orother valuable consideration provides secured transportation and protectionfrom one place or point to another place or point of money, currency, coins,bullion, securities, checks, documents, stocks, bonds, jewelry, paintings, andother valuables. This definition does not include a person operating an armoredcar business pursuant to a motor carrier certificate or permit issued by theNorth Carolina Utilities Commission which grants operating rights for suchbusiness; however, armed armored car service guards shall be subject to theprovisions of G.S. 74C‑13.

(2)        Repealed by SessionLaws 1983, c. 786, s. 2.

(3)        Redesignated as(a)(5a) by Revisor of Statutes. See Editor's notes.

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

(5)        Detection ofdeception examiner. – Any person, firm, association, or corporation which usesany device or instrument, regardless of its name or design, for the purpose ofthe detection of deception or any person who reviews the work product of anexaminer including charts, tapes or other methods of record keeping for thepurpose of detecting deception or determining accuracy.

(5a)      Electroniccountermeasures profession. – Any person, firm, association, or corporationwhich for a fee or other valuable consideration discovers, locates, ordisengages by electronic, electrical, or mechanical means any listening orother monitoring equipment surreptitiously placed to gather informationconcerning any individual, firm, association, or corporation.

(6)        Security guard andpatrol profession. – Any person, firm, association, or corporation thatprovides a security guard on a contractual basis for another person, firm,association, or corporation for a fee or other valuable consideration andperforms one or more of the following functions:

a.         Prevention ordetection of intrusion, entry, larceny, vandalism, abuse, fire, or trespass onprivate property.

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

c.         Protection ofpatrons and persons lawfully authorized to be on the premises or being escortedbetween premises of the person, firm, association, or corporation that enteredinto the contract for security services.

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

(7)        Guard dog service profession.– Any person, firm, association, or corporation which for a fee or othervaluable consideration contracts with another person, firm, association, orcorporation to place, lease, rent, or sell a trained dog for the purpose ofprotecting lives or property.

(8)        Private detective orprivate investigator. – Any person who engages in the profession of or acceptsemployment to furnish, agrees to make, or makes inquiries or investigationsconcerning any of the following on a contractual basis:

a.         Crimes or wrongsdone or threatened against the United States or any state or territory of theUnited States.

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

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

d.         The cause orresponsibility for fires, libels, losses, accidents, damages, or injuries topersons or to properties.

e.         Securing evidence tobe used before any court, board, officer, or investigative committee.

f.          Protection ofindividuals from serious bodily harm or death.

(9)        Special limitedguard and patrol profession. – Any person who is licensed under Chapter 74D ofthe General Statutes of North Carolina and provides armed alarm responderspursuant to G.S. 74C‑13. Applicants for this limited license shall not berequired to meet the experience requirements for a security guard and patrollicense. Any experience gained under this limited license shall not be countedas experience for a security guard and patrol license.

(b)        "Privateprotective services" shall not include any of the following:

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

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

(3)        A person engagedexclusively in the business of obtaining and furnishing information as to thefinancial rating or credit worthiness of persons; and a person who providesconsumer reports in connection with:

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

b.         Information foremployment purposes,

c.         Information for theunderwriting of insurance involving the consumer,

d.         Information inconnection with a determination of the consumer's eligibility for a license orother benefit granted by a governmental instrumentality required by law toconsider an applicant's financial responsibility, or

e.         A legitimatebusiness need for the information in connection with a business transactioninvolving the consumer.

(4)        An attorney at lawlicensed to practice in North Carolina while engaged in the practice of law andthe attorney's agent, provided the agent is performing duties only inconnection with his or her principal's practice of law.

(5)        The legal owner orlien holder, and his or her agents and employees, of personal property whichhas been sold in a transaction wherein a security interest in personal propertyhas been created to secure the sales transaction, who engage in repossession ofthe personal property.

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

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

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

(9)        A person who isengaged in an alarm systems business subject to the provisions of Chapter 74Dof the General Statutes.

(10)      A person who obtainsor verifies information regarding applicants for employment, with the knowledgeand consent of the applicant, and is (i) engaged in business as a privatepersonnel service as defined in G.S. 95‑47.1 or engaged in business as aprivate employer fee pay personnel service, (ii) engaged in the business ofobtaining or verifying information regarding applicants for employment, or(iii) an employer with whom the applicant has applied for employment.

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

a.         The most efficientprocedures by which an employee of the business can perform the employee'sassigned duties.

b.         The adequacy of anemployee's performance of the employee's assigned duties that requireinteraction with a client or customer of the business.

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

(12)      Research laboratoriesand consultants who analyze, test, or in any way apply their expertise tointerpreting, evaluating, or analyzing facts or evidence submitted by anotherin order to determine the cause or effect of physical or psychologicaloccurrences, and give their opinions and findings to the requesting source orto a designee of the requestor.

(13)      A person who worksregularly and exclusively as an employee of an employer in connection with thebusiness affairs of that employer. If the employee is an armed security guardand wears, carries, or possesses a firearm in the performance of the employee'sduties, the provisions of G.S. 74C‑13 apply.

(14)      An employee of asecurity department of a private business that conducts investigationsexclusively on matters internal to the business affairs of the business.

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

(16)      Emergency medicalservices personnel credentialed under Article 7 of Chapter 131E of the GeneralStatutes who engage in search and rescue activities at the request of eitherthe State, a political subdivision of the State, or one of the following typesof facilities: an adult care home licensed under Chapter 131D of the GeneralStatutes, a health care facility or agency licensed under Chapter 131E of theGeneral Statutes, or a facility licensed to offer mental health, developmentaldisabilities, or substance abuse services under Chapter 122C of the GeneralStatutes. For the purposes of this subdivision, "search and rescue"means activities and documents relating to efforts to locate an individualfollowing the individual's disappearance. This exemption shall not apply if theemergency medical services provider provides services beyond emergency searchand rescue and said activities meet the definition of private protectiveservices as defined in G.S. 74C‑3.

(17)      A person engaged in(i) computer or digital forensic services or in the acquisition, review, oranalysis of digital or computer‑based information, whether for thepurposes of obtaining or furnishing information for evidentiary or otherpurposes, or for providing expert testimony before a court; or (ii) network orsystem vulnerability testing, including network scans and risk assessment andanalysis of computers connected to a network.  (1973, c. 528, s. 1; 1977, c. 481; 1979, c. 818, s.2; 1981, c. 807, ss. 1‑3; 1983, c. 259; c. 786, ss. 2, 3; c. 794, s. 1;1987, c. 284; c. 657, s. 1; 1989, c. 759, s. 3; 2001‑487, s. 64(a); 2006‑264,s. 46; 2007‑469, s. 6; 2007‑511, s. 1; 2009‑328, s. 1.)