Bill Text: MI SB0187 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Occupations; security guards; security guard licensing under private security business and security alarm act; remove, and make general revisions. Amends title & secs. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 22, 25, 26, 29, 31 & 33 of 1968 PA 330 (MCL 338.1052 et seq.) & adds sec. 15a. TIE BAR WITH: SB 0186'17, SB 0188'17, SB 0189'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-03-29 - Referred To Committee On Regulatory Reform [SB0187 Detail]
Download: Michigan-2017-SB0187-Engrossed.html
SB-0187, As Passed Senate, March 29, 2017
SUBSTITUTE FOR
SENATE BILL NO. 187
A bill to amend 1968 PA 330, entitled
"Private security business and security alarm act,"
by amending the title and sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
13, 14, 15, 16, 17, 18, 19, 22, 25, 26, 29, 31, and 33 (MCL
338.1052, 338.1053, 338.1054, 338.1055, 338.1056, 338.1057,
338.1058, 338.1059, 338.1060, 338.1061, 338.1063, 338.1064,
338.1065, 338.1066, 338.1067, 338.1068, 338.1069, 338.1072,
338.1075, 338.1076, 338.1079, 338.1081, and 338.1083), the title
and sections 3, 4, 7, 8, 14, 17, 19, 25, and 29 as amended by 2010
PA 68, section 2 as amended by 2012 PA 581, sections 6 and 9 as
amended by 2014 PA 128, sections 10, 13, 18, and 31 as amended by
2002 PA 473, section 11 as amended by 2004 PA 270, and sections 22
and 33 as amended by 2000 PA 411, and by adding section 15a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to license and regulate private security guards,
private
security police forces, private security guard agencies,
private college security forces, and security alarm systems
servicing,
installing, operating, and monitoring; to provide
penalties
for violations; to protect the
general public against
unauthorized,
unlicensed, and unethical operations by individuals
persons
engaged in private security activity
or security alarm
systems
sales, installations, service, maintenance, and operations;
to
establish minimum qualifications for individuals as well as
private
agencies engaged in the security business and security
alarm
systems and operations; activities
regulated under this act;
to
impose certain fees; to create certain funds; and to prescribe
certain
powers and duties of certain private
colleges that employ
or engage private college security forces, persons that employ or
engage private security police forces, and certain state
departments, agencies, and officers; and to prescribe remedies and
penalties.
Sec. 2. (1) As used in this act:
(a) "Armed forces" means the Armed Forces of the United
States.
(b) (a)
"Commission" means the
commission on law enforcement
standards created under section 3 of the commission on law
enforcement standards act, 1965 PA 203, MCL 28.603.
(c) (b)
"Department" means 1 of the following:
(i) In reference to the regulation of security alarm system
contractors, security alarm system agents, or security alarm system
sales, installation, service, maintenance, or operations, the
department
of licensing and regulatory affairs.
, except that in
(ii) In reference to the regulation of private security police
and
private college security forces, department means the
department of state police.
(d) "Good character" means good moral character as defined and
determined under 1974 PA 381, MCL 338.41 to 338.47.
(e) (c)
"Governing board" means a
board of regents, board of
trustees, board of governors, board of control, or other governing
body of an institution of higher education.
(f) (d)
"Licensee" means a person
licensed under this act.
(g) (e)
"Person" means an
individual, limited liability
company, corporation, or other legal entity.
(h) "Principal license holder" means an individual designated
under section 15a.
(i) (f)
"Private college security
force" means a security
force authorized under section 37.
(j) (g)
"Private security guard"
means an individual or an
employee of an employer who offers, for hire, to provide protection
of property on the premises of another, and includes an employee of
a private college security force or private security police force.
(k) (h)
"Private security police force"
means that part of a
business organization or educational institution primarily
responsible for the protection of property on the premises of the
business organization or educational institution, but does not
include a private college security force.
(l) (i)
"Security alarm system"
means a detection device or an
assembly of equipment and devices that is arranged to signal the
presence of a hazard that requires urgent attention and is remotely
monitored by a central monitoring system. Security alarm system
includes any system that can electronically cause an expected
response by a law enforcement agency to a premises by means of the
activation of an audible signal, visible signal, electronic
notification, or video signal, or any combination of these signals,
to a remote monitoring location on or off the premises. Security
alarm system does not include any of the following:
(i) A video signal that is not transmitted over a public
communication system.
(ii) A fire alarm system.
(iii) An alarm system that monitors temperature, humidity, or
other condition that is not directly related to the detection of an
unauthorized intrusion into a premises or an attempted robbery at a
premises.
(iv) A system that is not monitored by a central monitoring
station and does not set off an audible alarm.
(m) (j)
"Security alarm system agent"
means an individual
employed by a security alarm system contractor whose duties include
the altering, installing, maintaining, moving, repairing,
replacing, selling, servicing, monitoring, responding to, or
causing others to respond to a security alarm system.
(n) (k)
"Security alarm system
contractor" means a person that
is engaged in the installation, maintenance, alteration,
monitoring,
or servicing of security alarm systems or who that
responds to a security alarm system. Security alarm system
contractor
does not include a any of
the following:
(i) A business that only sells or manufactures security alarm
systems unless the business services security alarm systems,
installs security alarm systems, monitors or arranges for the
monitoring of a security alarm system, or responds to security
alarm systems at a protected premises.
(ii) A security guard agency that is licensed under article
14A of the occupational code, 1980 PA 299, MCL 339.1421 to
339.1443, and whose employees or agents use client-installed
equipment or equipment installed by a security alarm system
contractor that is licensed under this act for the purpose of
protecting the personnel and property of a client of the security
guard agency. As used in this subparagraph:
(A) "Equipment" includes, but is not limited to, access
control equipment; video surveillance and recording equipment;
audio communication equipment; intrusion detection and prevention
equipment; and automated barriers.
(B) "Normal end user functions" includes, but is not limited
to, video and alarm monitoring; retrieving video history for use by
a client, security, or law enforcement; allowing or denying entry
to individuals or vehicles by controlled access equipment;
maintaining databases; or audio communication. Normal end user
functions may be performed on-site or from a remote facility of a
client.
(C) "Use" means only normal end user functions and capability
that is installed or provided by a security alarm system contractor
to a client.
(iii) A security guard agency that is licensed under article
14A of the occupational code, 1980 PA 299, MCL 339.1421 to
339.1443, and whose employees or agents respond to burglar, fire,
or supervisory alarms for the purpose of securing the property and
ensuring the safety of individuals in or on that property. As used
in this subparagraph, "respond" may include reviewing alarm
history, resetting the alarm, and, if authorized, performing other
normal end user tasks including bypassing a protected zone if
necessary to reset the alarm system.
(o) (l) "Security
business" means a person engaged in
offering, arranging, or providing 1 or more of the following
services:
(i) Security alarm system installation, service, maintenance,
alteration, or monitoring.
(ii) Private security guard.
(ii) (iii) Private
security police.
(2)
All businesses that provide Except
as provided in
subsection (5), a person that provides security alarm systems for
the protection of persons and property and whose employees and
security technicians travel on public property and thoroughfares in
the
pursuit of their duties are is
subject to this act.
(3) A communications common carrier that provides
communications channels under tariffs for the transmission of
signals in connection with an alarm system is not subject to this
act.
(4)
A railroad policeman police
officer who is appointed and
commissioned under the railroad code of 1993, 1993 PA 354, MCL
462.101 to 462.451, is not subject to this act.
(5) A system provider, as defined in section 2 of the security
alarm
systems act, 2012 PA 580, MCL
338.2182, that is registered
has filed a registration statement with the department under the
security alarm systems act, 2012 PA 580, MCL 338.2181 to 338.2187,
is not subject to this act.
Sec.
3. (1) Unless licensed under this act, a sole
proprietorship,
firm, company, partnership, limited liability
company,
or corporation person shall not engage in the business of
a
security alarm system contractor ,
private security guard, or of
providing
a private security police , force or private
college
security
force. , patrol service, or an agency furnishing those
services.
A person ,
firm, company, partnership, limited liability
company,
or corporation shall not advertise
its business to be that
of security alarm system contractor, security alarm system agent,
private
security guard agency, or an agency
furnishing those
services without having first obtained from the department a
license to do so for each office and branch office to be owned,
conducted, managed, or maintained for the conduct of that business.
(2) A person that is subject to this act shall not sell,
install, operate, adjust, arrange for, or contract to provide a
device
which upon activation, that
if activated, either
mechanically, electronically, or by any other means, initiates the
automatic calling or dialing of, or makes a connection directly to,
a telephone assigned to a public service, utility, or police
agency, for the purpose of delivering a recorded message, without
first receiving written permission from that service, utility, or
agency.
(3)
A person who that violates this section is guilty of a
felony punishable by imprisonment for not more than 4 years or a
fine of not more than $1,000.00, or both.
Sec. 4. (1) The department may issue separate licenses to
security alarm system contractors, private college security forces,
and
private security police. ,
and private security guard agencies.
(2)
This section act does
not prevent a private detective or
private investigator licensed under the professional investigator
licensure act, 1965 PA 285, MCL 338.821 to 338.851, from performing
the
services of a an officer
of a private security guard college
security
force or private security police except
that a force.
However,
an officer of a private college security
guard force or
private security police force may not perform the services of a
private detective or private investigator without obtaining a
private detective or private investigator license under that act.
Sec.
5. (1) The department, upon If it receives a proper
application
and upon being is satisfied that the applicant is
qualified,
the department shall issue the an applicant
a license to
conduct
business as an a security alarm system contractor or a
private
security guard or agency for a
period of 2 years from date
of
issuance. Upon the issuance of a license to conduct business as
an
alarm system contractor or a private security guard or agency,
the
applicant shall not be
(2) A person that is licensed under this act as a security
alarm system contractor, private college security force, or private
security police force is not required to obtain any other license
from a municipality or political subdivision of this state to
conduct business as a security alarm system contractor, private
college security force, or private security police force in that
municipality or political subdivision.
Sec.
6. (1) The department shall issue a license to conduct
business
as a security alarm system contractor, or a private
college
security guard, force, or private security police , or to a
private
security guard business, force
if it is satisfied that the
applicant, if the applicant is an individual, or the individual who
is
the sole or principal license holder of the applicant if the
applicant is not an individual, meets all of the following
qualifications:
(a)
Is not less than at least 21 years of age. However, this
subdivision does not apply to an applicant described in subdivision
(g)(v).
(b)
Has a high school education or its equivalent.Graduated
from high school or passed the general education development (GED)
test or another graduate equivalency examination approved by the
department.
(c) If the applicant's license is issued after March 28, 2001,
has not been convicted of a felony.
(d) If the applicant's license was issued on or before March
28, 2001, was not convicted of a felony in the 5-year period
preceding the date of application.
(e) Was not convicted of an offense listed in section 10(1)(c)
in the 5-year period preceding the date of application.
(f) If he or she served in the armed forces, was separated
from that service, and provides a form DD214, DD215, or any other
form satisfactory to the department that demonstrates he or she was
separated from that service, with an honorable character of service
or under honorable conditions (general) character of service.
(g)
If the applicant is applying for a private security guard
or
agency police force license, meets any of the following:
(i) Was engaged in the private security guard or agency
business on his or her own account in another state for a period of
at least 3 years.
(ii) Was engaged in the private security guard or agency
business for a period of at least 4 years as an employee of the
holder of a certificate of authority to conduct a private security
guard or agency business and has experience reasonably equivalent
to at least 4 years of full-time guard work in a supervisory
capacity with rank above that of patrolman.
(iii) Was employed in law enforcement as a certified police
officer on a full-time basis for at least 4 years for a city,
county, township, village, or state government or for the United
States government.
(iv) Was engaged in the private security guard or agency
business as an employee or on his or her own account or as a
security administrator in private business for at least 2 years on
a full-time basis, and is a graduate with a baccalaureate degree or
its equivalent in the field of police administration or industrial
security from an accredited college or university.
(v) Served in the armed forces; while serving in the armed
forces, acted as a military police officer or in an equivalent job
classification for at least 2 years; was separated from that
service, and provides a form DD214, DD215, or any other form
satisfactory to the department that demonstrates he or she was
separated from that service, with an honorable character of service
or under honorable conditions (general) character of service; and
has, and provides with his or her application an affidavit signed
by a commanding officer, supervisor, or military superior with
direct knowledge of the applicant's service that he or she has,
entry-level experience in or basic knowledge of each of the
following:
(A) Enforcing rules, regulations, and guidelines.
(B) Providing security and physical protection.
(C) Area and site security operations.
(D) Overseeing prisoners and correctional facilities.
(E) Reconnaissance and surveillance.
(h) If the applicant is applying for a security alarm system
contractor license, has been lawfully engaged in either or both of
the following:
(i) A security alarm system contractor business on his or her
own
account for a period of not less than at least 3 years.
(ii) A security alarm system contractor business for a period
of
not less than at least 4 years as an employee of the holder of a
certificate of authority to conduct a security alarm system
contractor business, and has experience reasonably equivalent to at
least 4 years of full-time work in a supervisory capacity or passes
a written exam administered by the department designed to measure
his or her knowledge and training in security alarm systems.
(i)
Provided Has provided the department the bond or surety
proof of insurance required under section 9.
(j) Has not been adjudged insane, unless he or she has been
adjudged restored to sanity by court order.
(k)
Is not subject to any outstanding warrants for his or her
arrest.
(2)
If a person now doing or seeking to do business in this
state
is applying for a license under this section, the resident
manager
shall comply with the applicable qualifications of this
section.
(3)
As used in this section and section 9, "armed forces"
means
that term as defined in section 2 of the veteran right to
employment
services act, 1994 PA 39, MCL 35.1092.
Sec. 7. (1) The department shall prepare a uniform application
for the particular license and shall require the person filing the
application to obtain reference statements from at least 5
reputable citizens who have known the applicant for a period of at
least 5 years, who can attest that the applicant is honest, of good
character, and competent, and who are not related or connected to
the applicant by blood or marriage.
(2) Upon receipt of the application and application fee, the
department shall investigate the applicant's qualifications for
licensure.
(3) Except for a private college security force, the
application and investigation are not considered complete until the
applicant has received the approval of the prosecuting attorney and
the sheriff of the county in this state within which the principal
office of the applicant is to be located. If the office is to be
located in a city, township, or village, the approval of the chief
of police may be obtained instead of the sheriff. Branch offices
and branch managers shall be similarly approved.
(4)
If a person has not previously been the department has not
previously
denied the applicant a license or has
not had a
suspended
or revoked a previous license suspended
or revoked, held
by the applicant, and the applicant pays the applicable fee under
section 9, the department may issue a nonrenewable temporary
license to an applicant. If approved by the department, the
temporary
license is valid until 1 or more the date that any of the
following
occur, but not to exceed or until 120 days have passed
since the issuance of the temporary license, whichever occurs
first:
(a) The completion of the investigations and approvals
required under subsections (1), (2), and (3).
(b) The completion of the investigation of the subject matter
addressed in section 6.
(c) The completion of the investigation of any employees of
the licensee as further described in section 17.
(d)
Confirmation of compliance with the bonding or proof of
insurance
requirements imposed in requirement
under section 9.
(e) The applicant fails to meet 1 or more of the requirements
for
licensure imposed under this act.
(5)
The fees for a temporary license shall be the applicable
fees
as described in section 9.
(5) (6)
This section does not apply to a
private college
security force.
Sec.
8. (1) Each An applicant,
if the applicant is an
individual, or the principal license holder of any other applicant,
for
a license under this act shall sign and
verify the an
application .
Each for that license. The application shall contain
at least all of the following:
(a)
The name and principal address where the individual or
business
entityis located in this state.
(b)
The address and location of any branch office of the
business.
(a) The applicant's name and the address of the applicant's
principal place of business.
(b) If the applicant is not the licensee, the licensee's name
and the address of the licensee's principal place of business.
(c) The address of each location in this state, including any
branch offices in this state, at which the licensee conducts or
will conduct business.
(d) If applicable, the name of the individual designated by
the applicant or licensee as the principal license holder of the
licensee.
(e) (c)
The certificate of incorporation of
the business, if
applicable.
(2)
Each applicant shall submit 2 passport quality photographs
of
the applicant with the application. If the applicant is a
business
entity, the resident manager of the business shall submit
2
passport quality photographs of himself or herself.
(2) (3)
This section does not apply to a
private college
security force.
Sec. 9. (1) The department shall issue a license to an
applicant when the requirements of this act are met and the
department is satisfied of the good character, competence, and
integrity of the applicant, if the applicant is an individual, or
if
the applicant is an entity a
person other than an individual or
a private college or university, of its individual members or
officers, or, if the applicant is a private college or university,
of its governing board.
(2) A license issued under this act is valid for 2 years, but
the department may revoke a license at any time for good cause
shown. The department shall prescribe the form of a license
certificate.
(3) The department shall not issue a license under this act
unless the applicant pays the department a fee of $500.00 if the
applicant is a security alarm system contractor, or for any other
applicant, 1 of the following fees, as appropriate:
(a)
If the applicant is an individual, or sole proprietorship,
$200.00.
(b)
If the applicant is an entity, not
an individual, $300.00.
(4)
The department shall not issue a license under this act
unless
the applicant provides the department a bond in the
principal
amount of $25,000.00. The bond shall be conditioned on
the
faithful and honest conduct of the business by the applicant
and
approved by the department. In lieu of a bond, an applicant may
furnish
a policy of insurance issued by an insurer authorized to do
business
in this state that names the licensee and the state as
coinsureds
in the amount of $25,000.00 for property damages,
$100,000.00
for injury to or death of 1 person, and $200,000.00 for
injuries
to or deaths of more than 1 person arising out of the
operation
of the licensed activity. The bond shall be payable for
the
benefit of the people of the state and a person injured by the
willful,
malicious, and wrongful act of the licensee or any agents
or
employees of a licensee may bring an action on the bond or
insurance
policy in his or her own name to recover damages suffered
by
reason of the wrongful act.The
department shall not issue a
license under this act if the applicant does not provide the
department with proof, in the form of a certificate of insurance,
that it has and maintains a policy of liability insurance that is
issued by an authorized insurer, as defined in section 108 of the
insurance code of 1956, 1956 PA 218, MCL 500.108; names this state
as an additional insured; provides coverage in the amount of at
least $400,000.00 per occurrence; and requires the insurer to
provide the department with notice of cancellation of the policy at
least 30 days before the effective date of the cancellation. A
certificate of insurance required under this subsection must state
that the policy meets all of these requirements.
(5) If a licensee intends to open 1 or more branch offices,
the
licensees licensee may receive a license for each branch if the
branch license is approved under section 7 and the licensee pays
the
department an additional fee of $50.00 for each private
security
guard branch office license and $100.00
for each security
alarm
system contractor branch office
license.
(6) A licensee shall post an additional license issued under
subsection (5) in a conspicuous place in the branch office, and
each additional license expires on the same date as the initial
license.
(7) Subject to subsection (8), if a license is denied,
revoked, or suspended for cause, the department shall not refund
the license fees or any part of the license fees.
(8) Beginning July 23, 2004, the department shall issue or
deny an application for an initial or renewal license within 180
days after the applicant files a completed application. An
application is considered received on the date the application is
received by any agency or department of this state. If an
application is considered incomplete by the department, the
department shall notify the applicant in writing, or make the
information electronically available, within 30 days after the
department receives the incomplete application, describing the
deficiency and requesting the additional information. A 180-day
period described in this subsection is tolled from the date the
department notifies the applicant of a deficiency until the date
the requested information is received by the department. The
determination of the completeness of an application does not
operate as an approval of the application for the license and does
not confer eligibility of an applicant determined otherwise
ineligible for issuance of a license.
(9) If the department fails to issue or deny a license in the
time required under this section, the department shall return the
license fee and shall reduce the license fee for the applicant's
next renewal application, if any, by 15%. The failure to issue a
license in the time required under this section does not allow the
department to otherwise delay the processing of an application, and
on completion, the department shall place the application in
sequence with any other completed applications received at that
same time. The department shall not discriminate against an
applicant in processing an application based on the fact that the
license fee was refunded or discounted under this subsection.
(10) Beginning October 1, 2005, the director of the department
shall submit a report by December 1 of each year to the standing
committees and appropriations subcommittees of the senate and house
of representatives concerned with occupational issues. The director
shall include all of the following information in the report
concerning the preceding fiscal year:
(a) The number of initial and renewal applications the
department received and completed within the 180-day time period
described in subsection (8).
(b) The number of applications denied.
(c) The number of applicants not issued a license within the
180-day time period and the amount of money returned to licensees
and
registrants under subsection (8).(9).
(11) The fees collected by the department under this section
shall be deposited into the security business fund created in
subsection (12).
(12) The security business fund is created in the state
treasury.
The department shall deposit forward
all license fees
collected under this act to the state treasurer for deposit into
the fund. The state treasurer may receive money or other assets
from any source for deposit into the fund. The state treasurer
shall direct the investment of the fund. The state treasurer shall
credit to the fund interest and earnings from fund investments.
Money in the fund at the close of the fiscal year shall remain in
the fund and be available for appropriation and expenditure by the
department in subsequent fiscal years. The money in the fund shall
not lapse to the general fund. The department shall expend money
from the fund, on appropriation, only for enforcement and
administration of this act. The department is the administrator of
the fund for auditing purposes.
(13) The department, or the department of state police if
section 29 applies, shall waive an initial license fee required
under this section, or any application processing fee charged by
the department for an initial license, if the applicant is an
individual who served in the armed forces and he or she provides to
the department a form DD214, form DD215, or any other form that is
satisfactory to the department that demonstrates he or she was
separated from that service with an honorable character of service
or under honorable conditions (general) character of service.
(14) As used in this section, "completed application" means an
application that is complete on its face and submitted with any
applicable licensing fees and any other information, records,
approval, security, or similar item required by law or rule from a
local unit of government, a federal agency, or a private person but
not from another department or agency of this state.
Sec. 10. (1) The department may revoke any license issued
under this act if it determines, upon good cause shown, that the
licensee or his or her manager, if the licensee is an individual,
or if the licensee is not an individual, that any of its officers,
directors, partners or its manager, has done any of the following:
(a) Made any false statements or given any false information
in connection with an application for a license or a renewal or
reinstatement of a license.
(b) Violated any provision of this act.
(c) Been, while licensed or employed by a licensee, convicted
of a felony or a misdemeanor involving any of the following:
(i) Dishonesty or fraud.
(ii) Unauthorized divulging or selling of information or
evidence.
(iii) Impersonation of a law enforcement officer or employee
of the United States, this state, or a political subdivision of
this state.
(iv) Illegally using, carrying, or possessing a dangerous
weapon.
(v) Two or more alcohol related offenses.
(vi) Controlled substances under the public health code, 1978
PA 368, MCL 333.1101 to 333.25211.
(vii) An assault.
(d) Knowingly submitted any of the following:
(i) A name other than the true name of a prospective employee.
(ii) Fingerprints not belonging that do not belong to the
prospective employee.
(iii) False identifying information in connection with the
application of a prospective employee.
(2)
The department shall not renew a license of a licensee who
that owes any fine or fee to the department at the time for a
renewal.
(3) Within 48 hours after notification from the department of
the revocation of a license under this act, the licensee shall
surrender
the license. and the identification card issued under
section
14. A person who that violates
this subsection is guilty of
a misdemeanor punishable by imprisonment for not more than 93 days
or a fine of not more than $500.00, or both.
Sec. 11. The department shall not refund a license or
application fee unless a showing is made of mistake, inadvertence,
error in the collection of the fee, or noncompliance with the time
periods
described in section 9(5).9(8).
Sec.
13. (1) Any A licensee
shall report any change in the
name
or location of the agency or of a branch office or subagency
shall
be reported by the a licensee or
branch office to the
department
at least 10 days before the change becomes effective. ,
upon
receipt of which If it
receives a report under this
subsection, the department shall prepare and forward a certificate
showing the change. The licensee shall return the old certificate
within 3 business days after the change.
(2) Failure to notify the department of a change in name or
location under this section may result in license suspension.
Sec.
14. (1) Upon issuing a license, the department shall
issue
an identification card to the principal license holder, and
if
the licensee is a partner in a partnership to each partner, and
if
the license holder is a corporation to each resident officer or
manager
but only if requested by a resident officer or manager.
(2)
The form and contents of the identification card shall be
prescribed
by the department, and the card shall be recalled by the
department
if the license is revoked.
(3)
Only 1 identification card shall be issued for each person
entitled
to receive it. The licensee is responsible for the
maintenance,
custody, and control of the identification card and
shall
not let, loan, sell, or otherwise permit unauthorized persons
or
employees to use it. This section does not prevent an agency
from
issuing its own identification cards to its employees if they
are
approved as to form and content by the department. The
individual
card shall not bear the seal of the state, and the
employee
shall be designated as either security alarm system agent,
private
security police officer, private college security force
officer,
security guard, or security technician.
(1) (4)
The department may suspend a
license issued under this
act if the licensee fails to comply with any of the requirements of
this act. Unless a license is required to be revoked for a
violation of this act, the department shall reinstate a suspended
license
upon if the licensee complying complies with
this act and
the
licensee paying pays a $100.00 reinstatement fee.
(2) (5)
Upon If it receives a proper application and for
sufficient
reasons shown, the department may issue duplicates a
duplicate
of the original certificate of license. or
identification
card.
Sec. 15. (1) A license issued under the provisions of this act
is
not assignable, and is personal to such the licensee.
(2) A designation of an individual as a licensee's principal
license holder under section 15a is not an assignment of the
license of the licensee under subsection (1).
Sec. 15a. (1) A licensee that is not an individual, or an
applicant that is applying for a license on behalf of a person that
is not an individual, as applicable, shall designate an individual
as the principal license holder of that licensee.
(2) An individual designated as a licensee's principal license
holder is authorized to act on behalf of the licensee for purposes
of this act.
(3) If its principal license holder is no longer authorized to
act in that capacity on the licensee's behalf, or is no longer
available to act in that capacity for any reason, the license is
automatically suspended. However, on request, the department may
permit the license to stay in force for 90 days from the date the
principal license holder was no longer authorized or available to
act on the licensee's behalf, to allow the licensee to designate a
different individual, who meets the requirements of section 6, as
its principal license holder. The licensee shall do all of the
following within 10 days after it makes that designation:
(a) Provide written notice to the department that it has
designated a different individual as its principal license holder.
(b) Provide to the department the name and business address of
the individual, and any other information about the individual
reasonably required by the department.
(4) If a licensee designating a different individual as its
principal license holder does not comply with subsection (3), or
the department does not approve of the designation of that
individual as the licensee's principal license holder,
the department shall notify the licensee of its disapproval. Within
30 days after receiving that notification, the licensee shall
designate another individual under subsection (1) and meet the
requirements of this section for approval of that individual by the
department as its principal license holder.
(5) If a licensee is required to have a principal license
holder under this section, that license is automatically suspended
during any period of time the licensee has not designated a
principal license holder and notified the department of that
designation. However, on request, the department may permit the
license to stay in force for 60 days to allow the licensee to
designate a principal license holder.
Sec. 16. (1) A person shall not manufacture a badge or shield
which
that purports to indicate that the holder is a licensed
security
alarm system contractor , or security alarm system agent,
private
security guard or agency, or any of those persons as
listed,
in section 2. a private
college security officer or private
security police officer, or an officer of a private college
security force or private security police force. A person shall not
display
offer for sale a badge, shield, identification card, or
certificate
of license , by which the that, if worn, or displayed,
or shown to the public by a holder, might mislead the public into
thinking that the holder is a licensed security alarm system
contractor , or security alarm system agent, or private security
guard,
or agency. a private college
security officer or private
security police officer, or an officer of a private college
security force or private security police force.
(2)
A person, firm, company,
partnership, or corporation shall
not distribute an identification card or certificate of license in
this
state except as provided by under
this act.
(3) A person shall not knowingly buy or receive from a source
a
form of spurious identification as an a security alarm system
contractor , or security alarm system agent, or a private security
guard
or agency. a private college
security officer or private
security police officer, or an officer of a private college
security force or private security police force.
(4) A violation of this section is a misdemeanor, and if a law
enforcement officer of this state sees an unauthorized
identification
card or certificate of license, shall be confiscated
by
a law enforcement officer of the state. he or she shall
confiscate it. Each day the violation of this section continues
shall
constitute constitutes a separate offense.
Sec.
17. (1) A licensee may employ as many persons as he or
she
individuals as the licensee considers necessary to assist him
or
her in his or her the
licensee in its work of as a security
alarm system contractor, private security police force, or private
college
security force , or private security guard and in the
conduct
of his or her the
licensee's business. ,
and A licensee is
at
all times during the employment
of an individual is accountable
for
the good conduct in the business of each person so
employed.that individual.
(2)
Employees in the employ of a licensee after March 28, 2001
shall
meet the qualifications outlined in section 6(1)(c), (e),
(j),
and (k), be at least 18 years of age, and have had at least an
eighth
grade education or its equivalent. An employee in the employ
of
a licensee on or before March 28, 2001 shall meet the
qualifications
outlined in section 6(1)(d), (e), (j), and (k), be
at
least 18 years of age, and have had at least an eighth grade
education
or its equivalent. Employees hired by a licensee after
June
21, 2002 shall meet the qualifications outlined in section
6(1)(c),
(e), (j), and (k), be at least 18 years of age, and have
at
least a high school diploma, a GED, or its equivalent.
(2) A licensee shall not employ an individual unless he or she
is at least 18 years of age and meets 1 of the following:
(a) If the individual was hired by the licensee on or before
March 28, 2001, all of the following:
(i) He or she was not convicted of a felony in the 5-year
period preceding the date he or she was hired.
(ii) He or she meets the qualifications described in section
6(e) and (i).
(iii) He or she has at least an eighth-grade education or its
equivalent.
(b) If the individual is hired by the licensee after March 28,
2001 and on or before June 21, 2002, all of the following:
(i) He or she has not been not convicted of a felony.
(ii) He or she meets the qualifications described in section
6(e), (i), and (j).
(iii) He or she has at least an eighth-grade education or its
equivalent.
(c) If the individual is hired by the licensee after June 21,
2002 and on or before the effective date of the amendatory act that
added subdivision (d), all of the following apply:
(i) He or she was not convicted of a felony.
(ii) He or she meets the qualifications described in section
6(b), (e), (i), and (j).
(d) If the individual is hired by the licensee after the
effective date of the amendatory act that added this subdivision,
all of the following apply:
(i) He or she was not convicted of a felony.
(ii) He or she meets the qualifications described in section
6(b), (e), (f), (i), and (j).
(3) A licensee shall keep and maintain in this state adequate
and
complete personnel information on all persons employed by him
or
her. A of its employees. A
licensee shall file a complete
employee
roster in a manner described by the department shall be
filed
with the department by each
licensee on a quarterly basis,
.
The
rosters must be filed with in
a manner determined by the
department, by April 15, July 15, October 15, and January 15 of
each year for the preceding calendar quarter. Failure to submit an
accurate
rosters roster is cause for suspension of the a license.
A
The
department shall not process a renewal
application shall not be
processed
if the department has not received a quarterly roster has
not
been received for each quarter of
the preceding 2-year license
period.
(4)
If a licensee falsely states or represents that a person
an
individual is or has been in his or
her the licensee's employ,
the false statement or representation is sufficient cause for the
revocation of the license.
(5)
A person An individual shall not falsely state or
represent
that he or she is an agent of a licensed security alarm
system
contractor, licensee or an
agent of a private security
police
officer , or
private college security force officer. ,
or
private
security guard. A person An
individual who violates this
subsection is guilty of a misdemeanor punishable by imprisonment
for not more than 93 days or a fine of not more than $500.00, or
both.
Sec.
18. (1) A licensee shall not knowingly employ any person
who
fails to an individual who
does not meet the requirements of
section 17.
(2)
The A licensee shall cause fingerprints to be taken of
himself or herself, if the licensee is an individual; of the
principal license holder if the licensee is not an individual, and
of all prospective employees who are it intends to hire as direct
providers
of the security business, which fingerprints shall be
licensee's security services. The licensee shall ensure that those
fingerprints are submitted to the department of state police and
the
federal bureau of investigation Federal
Bureau of Investigation
for
a state and national criminal history background check, .
The
fingerprints
shall be accompanied by a
fingerprint processing fee
in
the amount prescribed by required
under section 3 of 1935 PA
120,
MCL 28.273, as well as and
any fees imposed by the federal
bureau
of investigation. Federal
Bureau of Investigation. The
licensee shall obtain a complete and signed employment application
Senate Bill No. 187 as amended March 28, 2017
from each individual for whom a criminal history background check
is requested and conducted. <<The application must include the
individual's written consent to the criminal history background check
described in this section and the submission of his or her fingerprints
to, and inclusion of his or her fingerprints in, the state and federal
database systems described in subsection (4).>> The licensee shall
retain each
employment application <<and written consent>> for at least 1 year from
the date the
licensee obtains it and provide a copy of it to the department on
request. The licensee shall ensure that all completed fingerprint
background check request forms are submitted to the department
after fingerprinting is completed. The department shall use the
results of the state criminal history background check, and the
national criminal history background check as returned by the
federal
bureau of investigation Federal
Bureau of Investigation to
the
department of state police, shall be used by the department to
make
a fitness determination. A licensee shall not employ a person
who
is an individual as a direct provider of the its security
business
services before submitting that individual's
fingerprints
to the department of state police.
(3)
The If the taking of fingerprints is required to be taken
under
subsection (2), may be taken by a law enforcement agency or
any other person determined by the department of state police to be
qualified
to may take
those fingerprints. If a licensee takes
the
fingerprints,
that licensee shall must
first obtain training in
taking fingerprints from the department of state police or a law
enforcement
agency or other person determined qualified by that the
department of state police determines is qualified to take
fingerprints.
<<(4) All of the following apply concerning fingerprints submitted
to the department of state police under this section:
(A) The department of state police shall store and retain all
Senate Bill No. 187 as amended March 28, 2017
fingerprints submitted to it under this section in an automated
fingerprint identification system database that provides for an
automatic notification when a subsequent criminal arrest fingerprint
card submitted into the system matches a set of fingerprints
previously submitted under this section. If there is a match, the
department of state police shall immediately notify the department.
(b) The department of state police shall forward all fingerprints
submitted to it under this section to the Federal Bureau of
Investigation for registration of those fingerprints in the FBI rap
back system. If the department of state police receives notification
of a match from the Federal Bureau of Investigation, the department
of state police shall forward that notification to the department.
This subdivision does not apply until the department of state police
is a participant in the FBI rap back system. As used in this
subdivision:
(i)"FBI rap back system" means the rap back system maintained by
the Federal Bureau of Investigation.
(ii) "Rap back system" means a system that will notify authorized
entities of any subsequent criminal history reported on individuals
whose fingerprints are registered in the system.>>
(5) (4)
A licensee shall may submit an electronic request
to
the
department of state police to conduct for a provisional
background
check of each a prospective employee who is whom the
licensee
intends to hire as a direct provider of
the security
business
its security services based upon on a name check. The
licensee shall obtain a complete and signed employment application
for
all individuals each
individual for whom a name check is
requested and conducted. The licensee shall retain each employment
application
shall be retained for at least 1 year from the date of
its submission. The department of state police shall conduct the
provisional
background check upon a written, within 3 days after it
receives
the electronic ,
or telephonic request of from a
licensee
accompanied
by a fee of $15.00. The background check shall be
conducted
not later than 3 days after the date a written request is
made
and not later than 24 hours after a telephonic or electronic
request
is made. Provisional in the
amount required under section 3
of 1935 PA 120, MCL 28.273. A licensee may employ an individual who
receives
provisional clearance based on the name
check shall allow
the
employee to be employed as a
security guard, for a period of
time
not to that does not exceed 90 days, pending final clearance
based
upon a on the fingerprint check as provided for in required
under subsection (2). If an approval is once denied, the licensee
may
not again employ that individual may
not again be employed as a
direct
provider of the security business by the submitting licensee
except
upon receipt of its security
services unless the licensee
receives an approved fingerprint clearance for that individual. A
licensee or employee of a licensee who uses a provisional name
check or results of a provisional name check for purposes other
than prospective employment is guilty of a misdemeanor punishable
by imprisonment for not more than 93 days, a fine of not more than
$1,000.00, or both.
(6) (5)
The department of state police may
enter into an
agreement
with a licensee for the payment of fees imposed pursuant
to
under this act.
(7) (6)
Any employee who, upon on demand,
fails to surrender
to the licensee his or her identification card and any other
property issued to him or her for use in connection with his or her
employer's business is guilty of a misdemeanor.
Sec. 19. (1) The particular type of uniform and insignia worn
by a licensee or his or her the employees
of a licensee must be
approved by the department and shall not deceive or confuse the
public or be identical with that of a law enforcement officer of
the federal government, the state, or a political subdivision of
the state in the community of the license holder. Shoulder
identification patches shall be worn on all uniform jackets, coats,
and shirts and shall include the name of the licensee or agency.
Shoulder identification patches or emblems shall not be less than 3
inches by 5 inches in size.
(2) A badge or shield shall not be worn or carried by a
security alarm system agent, private security police officer, a
private college security force officer, or an employee or licensee
of a security alarm system contractor, private
security police
organization , or private college security
force, or private
security guard agency, unless approved by the director of the
department.
(3) A person who is not employed as a security
guard shall not
display a badge or shield or wear a uniform of a
security guard. A
person who violates this subsection is guilty of a
misdemeanor
punishable by imprisonment for not more than 93 days
or a fine of
not more than $500.00, or both.
(4) A person licensed as a security alarm
system contractor,
security alarm system agent, or a private security
guard or agency
is not authorized to carry a deadly weapon unless he
or she is
licensed to do so in accordance with the laws of
this state.
(3) (5)
A licensee may authorize his or her
employees to carry
any commercially available tactical baton.
Sec. 22. (1) Every advertisement by a licensee soliciting or
advertising
for business shall contain his or her the business name
and address of the licensee as they appear in the records of the
department.
(2)
A licensee shall, upon On notice from and order of the
department, a licensee shall discontinue any advertising or the use
of any advertisement, seal, or card that, in the opinion of the
department, may tend to mislead the public. Failure to comply with
any
such an order of the department described in this section is
cause for revocation or suspension of the license.
(3)
A If a person that
is not licensed under this act who
advertises
his or her the person's business to be that of a private
security
guard or security alarm system contractor or agency,
irrespective of the name or title actually used, that person is
guilty of a misdemeanor punishable by imprisonment for not more
than 93 days, a fine of not more than $1,000.00, or both.
Sec.
25. (1) Subject to section 9(5), 9(8), the department may
renew
a license granted under this act may
be renewed by the
department
upon if the licensee files an
application, by
the
licensee,
filing a renewal surety bond in the amount specified in
the
proof of insurance required under section
9, and the payment of
pays
a renewal fee of $100.00 if a sole
proprietorship, $250.00 for
a
license as a security alarm system contractor and $150.00 if a
private
security police organization, a private college police
force,
or a private security guard firm, company, partnership,
limited
liability company, or corporation, or $250.00 if a security
alarm
system contractor.for any
other license.
(2)
A The date of issuance of
a renewal license shall be dated
as
of under this act is the expiration date of the previously
existing
license. For the renewal of To
renew a license, the
licensee shall submit an application in a form provided by the
department. The department may defer the renewal of license if
there is an uninvestigated outstanding criminal complaint pending
against the licensee or a criminal case pending in any court
against the licensee.
(3)
A person who that fails to renew a license on or before
the expiration date shall not engage in activities regulated by
this
act. A person who that fails to renew a license on or before
the expiration date may, within 30 days after the expiration date,
renew the license by payment of the required license fee and a late
renewal fee of $25.00. An applicant who fails to renew within the
30-day period must reapply for a license under section 7.
(4)
The fees collected by the department under this section
shall
be deposited shall forward
all fees it collects under this
section to the state treasurer for deposit into the security
business
fund created in section 9(9).9(12).
Sec.
26. (1) Upon the death of If an individual licensed
under
this
act, the business with which the decedent was connected may be
carried
on for a period of 90 days by the following: (a) In the
case
of an individual licensee, the surviving spouse, or if there
be
none, the executor or administrator of the estate of the
decedent;
(b) In the case of a partner, the surviving partners; (c)
In
the case of an officer of a firm, company, association,
organization,
or corporation, the officers thereof. who is a
licensee dies, the license is automatically suspended. However, on
request, the department may permit the surviving spouse of the
licensee, or the executor or administrator of the estate of the
decedent if there is no surviving spouse, to carry on the licensed
activity for a period of 90 days after the date of the decedent's
death.
(2) Within 10 days following the death of a licensee, the
department shall be notified in writing. The notification shall
state the name of the person legally authorized to carry on the
business
of the deceased.decedent
under subsection (1).
(3) Upon
the authorization of If authorized
by the department,
the business of a licensee described in subsection (1) may be
carried
on for a further longer period of time when than the 90-day
period described in subsection (1) if necessary to complete any
business
commitments pending at the death of when the decedent
died.
(4) Nothing
in this This section shall be construed to does
not
restrict the a sale
of an a security alarm system business or a
private
security guard agency, if a
private security police force
business
if the licensee dies and the vendee buyer qualifies
for a
license as a security alarm system contractor or private security
police
force under the provisions of this
act.
Sec.
29. (1) The licensure department
of state police shall
administer the licensing of private security police and private
college
security forces. shall be administered by the department of
state
police. The application,
qualification, and enforcement
provisions under this act apply to private security police and
private
college security forces except that the administration of
department
of state police shall administer those
provisions, shall
be
performed by, and the payment of
the appropriate fees shall be
paid
to , the
department of state police. The director of the
department of licensing and regulatory affairs may jointly
promulgate rules with the department of state police under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, to facilitate the bifurcation of authority described in
this subsection.
(2) This act does not require licensing of any private
security guards or officers employed for the purpose of protecting
the property and employees of their employer and generally
maintaining
security for their employer. However, any person ,
firm,
limited liability company, business organization, or
educational
institution , or corporation maintaining that maintains
a
private security police organization force or a private college
security
force may voluntarily apply for licensure under this act.
When
(3) If a private security police force employer or private
college
security force employer as described in this section
provides
the an employee with a pistol for the purpose of
protecting
the property of the employer, the pistol shall be is
considered the property of the employer and the employer shall
retain custody of the pistol, except during the actual working
hours
of the employee. All such private security people shall be
(4) An employee of a private college security force or private
security police force is subject to the provisions of sections
17(1) and 19(1).
Sec. 31. An applicant for licensure as private security police
force
under this act, under
section 29, or the employee principal
license holder of the applicant, if applicable, and the employees
of the private security police force shall comply with any training
requirements
as prescribed by the department under this act.
Sec. 33. A person shall not install or operate a security
alarm
system may not be installed or operated in this state unless
the
security alarm system is either installed by a 1 of the
following:
(a) A security alarm system contractor licensed under this
act. or
is installed by the
(b) A system provider, as defined in section 2 of the security
alarm systems act, 2012 PA 580, MCL 338.2182.
(c) The owner or occupant of a residence in his or her
residence.
Enacting section 1. This amendatory act takes effect January
1, 2018.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No. 186.
(b) Senate Bill No. 188.
(c) Senate Bill No. 189.
