Bill Text: MI SB0594 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Law enforcement; other; special police agency act; create. Creates new act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-09-27 - Referred To Committee On Government Operations [SB0594 Detail]

Download: Michigan-2017-SB0594-Introduced.html

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SENATE BILL No. 594

 

 

September 27, 2017, Introduced by Senator MEEKHOF and referred to the Committee on Government Operations.

 

 

     A bill to permit legally organized entities to enter into

 

contracts with special police agencies; to license and regulate

 

special police agencies; to impose certain fees; to require special

 

police agencies to be insured; to provide penalties; and to provide

 

for the powers and duties of certain state and local officers and

 

entities.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"special police agency act".

 

     Sec. 2. As used in this act:

 

     (a) "Agency" means a special police agency licensed under this

 

act.

 

     (b) "Applicant" means a person who has submitted an

 

application to the department to operate a special police agency.

If the applicant is a business entity, applicant includes any owner

 

who has a controlling interest in the entity.

 

     (c) "Armed forces" means the United States Army, Navy, Marine

 

Corps, Air Force, and Coast Guard, including reserve components.

 

     (d) "Commission" means the commission on law enforcement

 

standards created under section 3 of the Michigan commission on law

 

enforcement standards act, 1965 PA 203, MCL 28.603.

 

     (e) "Controlling interest" means an ownership interest in a

 

business entity that entitles an individual to enter into legally

 

binding contracts on behalf of the business entity.

 

     (f) "Department" means the department of state police.

 

     (g) "Legally organized entity" includes, but is not limited

 

to, an association, corporation, partnership, proprietorship,

 

trust, foundation, nonprofit organization, school district,

 

political subdivision, local unit of government, federally

 

recognized Indian tribe, or institution of higher education.

 

     (h) "Municipality" means any township, village, city,

 

district, community college district, school district, or

 

institution of higher education in this state.

 

     (i) "Special police agency" means a special policy agency

 

licensed under this act.

 

     (j) "Special police officer" means an individual who is

 

currently or was previously licensed as a law enforcement officer

 

within the preceding 2 years under the Michigan commission on law

 

enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, who

 

is authorized to prevent and detect crime and enforce the general

 

criminal laws of this state.

     Sec. 3. (1) Unless licensed under this act, a person shall not

 

provide law enforcement services as a special police agency under

 

contract with a legally organized entity under this act.

 

     (2) A person shall not advertise its business as a special

 

police agency without first having obtained a license from the

 

department to provide law enforcement services.

 

     Sec. 4. (1) The department shall provide an application on its

 

website for licensure of a special police agency under this act.

 

     (2) The department shall charge a reasonable fee for the

 

processing of an application under this act, and shall not issue a

 

license under this act unless the applicant pays the department the

 

application fee. The application fee must be as follows:

 

     (a) $200.00 if the applicant is an individual or sole

 

proprietorship.

 

     (b) $300.00 if the applicant is a business entity.

 

     (3) The department shall forward the application fee collected

 

under this section to the state treasurer for deposit into the

 

general fund.

 

     (4) The application form must request all of the following

 

information from an applicant:

 

     (a) Identifying information of the applicant.

 

     (b) The fingerprints of the applicant if the applicant is an

 

individual, or the fingerprints of the owners of the applicant who

 

have a controlling interest in the applicant if the applicant is a

 

business entity.

 

     (c) If the applicant is an individual, reference statements

 

from at least 5 reputable citizens who have known the applicant for

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. If the applicant is a

 

business entity, reference statements from at least 5 reputable

 

citizens who have conducted business or had other dealings with the

 

applicant and its owners who have a controlling interest in the

 

applicant for at least 5 years; who can attest that the applicant's

 

owners are honest, of good character, and competent; and who are

 

not related or connected to the applicant's officers and owners by

 

blood or marriage.

 

     (d) Evidence that an applicant who is an individual has not

 

been adjudged insane, unless he or she has been adjudged restored

 

to sanity by court order.

 

     (e) Evidence that an applicant has not less than $1,000,000.00

 

in liability insurance or is capable of being self-insured.

 

     (5) Upon receipt of the application and application fee, the

 

department shall investigate the applicant's qualifications for

 

licensure under this act.

 

     Sec. 5. (1) Each applicant that submits an application to the

 

department for licensure under this act shall sign and verify the

 

application.

 

     (2) Each application submitted under this act shall contain

 

all of the following:

 

     (a) The name of the applicant and the principal address where

 

he or she resides, or the principal address where the applicant is

 

located in this state, if the applicant is a business entity.

 

     (b) The location of any branch office of the applicant.

     (c) If the applicant is a limited liability company, the

 

certificate of incorporation or registration of the limited

 

liability company.

 

     (d) The website address of any website registered to the

 

applicant.

 

     (3) Each applicant shall submit 2 passport quality photographs

 

of the applicant or, if the applicant is a business entity, of the

 

owners of the applicant with a controlling interest in the

 

applicant with the application.

 

     (4) The department shall issue a license to an applicant to

 

conduct business as a special police agency if the applicant is an

 

individual, that individual, or if the applicant is a business

 

entity, any owner with a controlling interest in the applicant

 

meets all of the following conditions:

 

     (a) Is not less than 21 years of age.

 

     (b) Has a high school education or its equivalent.

 

     (c) Has not been convicted of a felony in the 5 years

 

immediately preceding the date of application.

 

     (d) Provides evidence of United States citizenship or

 

permanent resident status.

 

     (5) The applicant shall include evidence that no fewer than 1

 

officer or employee of the special police agency meets 1 or more of

 

the following conditions:

 

     (a) The officer or employee was employed as a licensed law

 

enforcement officer in this state or another state for at least 3

 

years.

 

     (b) The officer or employee was employed at a special police

or licensed security agency in this state or another state for at

 

least 3 years as an employee of the applicant seeking licensure

 

under this act, and has experience that is reasonably equivalent to

 

at least 4 years of work in a supervisory capacity with rank above

 

that of patrol officer.

 

     (c) The officer or employee is a graduate with a baccalaureate

 

or associate degree in the field of police administration or

 

industrial security from an accredited institution of higher

 

education.

 

     (d) The officer or employee served in the armed forces as a

 

military police officer or in an equivalent job classification.

 

     Sec. 6. (1) If an applicant has not previously been denied a

 

license under this act, or has not had a license previously issued

 

under this act suspended or revoked, the department may issue a

 

temporary license to the applicant. A temporary license is valid

 

until 1 or more of the following events occur but in any event is

 

valid for not more than 120 days:

 

     (a) The completion of the investigation and approval by the

 

department required for licensure under this act.

 

     (b) Confirmation of compliance with the bonding or insurance

 

requirements for licensure under this act.

 

     (c) Failure by the applicant to meet 1 or more of the

 

requirements for licensure under this act.

 

     (2) The department shall issue a license to an applicant when

 

the requirements of this act are met, the department has received a

 

completed application, and the department is satisfied of the good

 

character, competence, and integrity of the applicant. As used in

this subsection, "completed application" means an application that

 

is complete on its face and submitted with the licensing fee

 

required under section 4 and any other information, records,

 

approval, security, or similar item required under this act.

 

     (3) For each individual contract an agency enters into, the

 

agency shall notify the department and the local governing body of

 

the municipality in which the agency will be providing law

 

enforcement services if the contracting entity is not the

 

municipality itself. The agency shall notify the department when

 

any contract expires or is canceled.

 

     (4) A license issued under this act is valid for 3 years, but

 

the department may revoke the license for good cause shown. A

 

licensed special police agency may request a hearing on the

 

revocation of its license under this act. A license revocation

 

hearing must be conducted as a contested case under the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328.

 

     (5) The department shall prescribe the form of a license

 

certificate and provide a license certificate to an applicant upon

 

licensure.

 

     Sec. 7. (1) A legally organized entity may enter into a

 

contract with a special police agency to provide law enforcement

 

services for a specified period of time and in a specified

 

geographic location in this state.

 

     (2) A contract entered into under this section must provide

 

all of the following:

 

     (a) The length of time during which the agency will be

providing the legally organized entity law enforcement services.

 

     (b) A description of the geographic area in which the agency

 

will be providing the legally organized entity law enforcement

 

services, and the geographic boundaries of the area in which the

 

special police officers will have arrest authority.

 

     (c) The arrest procedures with which special police officers

 

must comply and the local law enforcement agency or agencies that

 

special police officers must contact in the event of an arrest or

 

other incident involving the special police officers in the

 

performance of their duties.

 

     (d) The number of special police officers that will be

 

deployed by the agency in the geographic area described in

 

subdivision (b).

 

     (e) If the legally organized entity entering into a contract

 

with a special police agency is a local unit of government, the

 

contract must also include a written statement of approval by the

 

prosecuting attorney or sheriff of the county in which the special

 

police agency will be providing law enforcement services. If the

 

law enforcement services are to be provided within a municipality

 

that has a police department, the written approval of the chief of

 

police may be obtained instead of the sheriff.

 

     Sec. 8. (1) An agency shall require an applicant for

 

employment as a special police officer to undergo a criminal

 

background check in the same manner as is required by the

 

commission before an individual may become a licensed law

 

enforcement officer in this state before he or she is hired as a

 

special police officer. The department shall assist an agency in

completing the criminal background checks required under this

 

subsection. If an individual is currently licensed or was

 

previously licensed within 2 years preceding his or her application

 

to become a special police officer as a law enforcement officer

 

under the Michigan commission on law enforcement standards act,

 

1965 PA 203, MCL 28.601 to 28.615, and his or her license was not

 

revoked, the individual is not required to undergo a criminal

 

background check under this subsection.

 

     (2) A special police officer has the same authority to arrest

 

a person without a warrant as a public peace officer under section

 

15 of chapter IV of the code of criminal procedure, 1927 PA 175,

 

MCL 764.15, when the special police officer is providing law

 

enforcement services as provided in a contract entered into under

 

section 7. A special police officer's arrest authority is expressly

 

limited to the time during which he or she is providing law

 

enforcement services as provided in a contract under section 7.

 

     Sec. 9. (1) Except for an individual who is currently

 

participating in a state, county, or municipal retirement system as

 

a current employee or retired employee, a special police officer is

 

not eligible to participate in any state, county, or municipal

 

retirement system.

 

     (2) The uniforms, vehicles, and badges of a special police

 

agency may be similar to those of a local law enforcement agency.

 

However, there must be some insignia or mark indicating that the

 

officer or equipment is provided by an agency.

 

     Sec. 10. (1) Any function performed by a special police

 

officer under a contract entered into as provided in section 7 is

considered to have been for public and governmental purposes, and

 

all immunities from liability enjoyed by the state or the political

 

subdivisions of this state and their officers, agents, and

 

employees extend to the special police agency when providing law

 

enforcement services as authorized by this act.

 

     (2) Officers or employees of a special police agency providing

 

law enforcement and related services to a legally organized entity

 

under a contract entered into under section 7 are considered agents

 

of this state for tort liability and immunity purposes. An officer

 

or employee rendering services pursuant to a contract entered into

 

under section 7 is not liable on account of any act or omission

 

made in good faith on the part of the officer or employee, or on

 

account of the maintenance or use of any equipment or supplies in

 

connection with the services being rendered by the officer or

 

employee. As used in this subsection, "good faith" does not include

 

willful misconduct, gross negligence, or recklessness.

 

     Sec. 11. The commission may promulgate rules under the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328, that permit a special police agency to enter into a

 

reciprocal agreement with other states that provides for the

 

recognition of registration certificates or licenses issued to a

 

comparable agency, a security officer, or special investigators

 

issued in other states.

 

     Sec. 12. A person that violates this act is guilty of a felony

 

punishable by imprisonment for not more than 4 years or a fine of

 

not more than $5,000.00, or both.

 

     Enacting section 1. This act takes effect 90 days after the

date it is enacted into law.