Bill Text: MI SB0619 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Occupations; alarm systems; private security business and security alarm act; remove references to security alarm providers and make other technical revisions. Amends title & secs. 1, 2, 3, 4, 5, 6, 8, 9, 14, 16, 17, 19, 22, 25 & 26 of 1968 PA 330 (MCL 338.1051 et seq.) & repeals sec. 33 of 1968 PA 330 (MCL 338.1083). TIE BAR WITH: SB 0618'13
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-10-15 - Referred To Committee On Economic Development [SB0619 Detail]
Download: Michigan-2013-SB0619-Introduced.html
SENATE BILL No. 619
October 15, 2013, Introduced by Senator HILDENBRAND and referred to the Committee on Economic Development.
A bill to amend 1968 PA 330, entitled
"Private security business and security alarm act,"
by amending the title and sections 1, 2, 3, 4, 5, 6, 8, 9, 14, 16,
17, 19, 22, 25, and 26 (MCL 338.1051, 338.1052, 338.1053, 338.1054,
338.1055, 338.1056, 338.1058, 338.1059, 338.1064, 338.1066,
338.1067, 338.1069, 338.1072, 338.1075, and 338.1076), the title
and sections 3, 4, 8, 9, 14, 17, 19, and 25 as amended by 2010 PA
68, sections 1 and 22 as amended by 2000 PA 411, section 2 as
amended by 2012 PA 581, and section 6 as amended by 2012 PA 419;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to license and regulate private security guards,
private security police, private security guard agencies, and
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
engaged
in private security activity; or security alarm systems
sales,
installations, service, maintenance, and operations; to
establish
minimum qualifications for individuals as well as and
private
agencies engaged in the security business; and security
alarm
systems and operations; to impose
certain fees; to create
certain funds; and to prescribe certain powers and duties of
certain private colleges and certain state departments, agencies,
and officers.
Sec. 1. This act shall be known and may be cited as the
"private
security business and security alarm act".
Sec. 2. (1) As used in this act:
(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.
(b) "Department" means the department of licensing and
regulatory affairs, except that in reference to the regulation of
private security police and private college security forces,
department means the department of state police.
(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.
(d) "Licensee" means a person licensed under this act.
(e) "Person" means an individual, limited liability company,
corporation, partnership, or other legal entity.
(f) "Private college security force" means a security force
authorized under section 37.
(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.
(h) "Private security police" means that part of a business
organization or educational institution primarily responsible for
the protection of property on the premises of the business
organization, but does not include a private college security
force.
(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.
(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.
(k)
"Security alarm system contractor" means a person engaged
in
the installation, maintenance, alteration, monitoring, or
servicing
of security alarm systems or who responds to a security
alarm
system. Security alarm system contractor does not include 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.
(i) (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.
(i) (ii) Private
security guard.guards.
(ii) (iii) Private
security police.
(2)
All businesses that provide 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 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.
(2) (4)
A railroad policeman 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, that is registered under the security alarm
systems
act, 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
security
alarm system contractor, private
security guard, private
security police, private college security force, or patrol service
,
or as an agency furnishing any of 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
under this act for each office and branch office to be owned,
conducted, managed, or maintained for the conduct of that business.
(2)
A person shall not sell, install, operate, adjust, arrange
for,
or contract to provide a device which upon activation, 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.
(2) (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. The department may issue separate licenses to security
alarm
system contractors, private college
security forces, private
security police, and private security guard agencies. This section
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
private security guard or private security police except that a
private security guard or private security police may not perform
the services of a private detective or private investigator without
obtaining a private detective or private investigator license.
Sec.
5. The department, upon If
it receives a proper
application
and upon being is satisfied that the applicant is
qualified, the department shall issue the applicant a license to
conduct
business as an alarm system contractor or a private
security guard or agency for a period of 2 years from date of
issuance.
Upon the issuance of An
applicant that is issued a
license
to conduct business as an alarm system contractor or a
private
security guard or agency , the applicant shall not be under
this act is not required to obtain any other license from a
municipality or political subdivision of this state.
Sec. 6. (1) The department shall issue a license to conduct
business
as a security alarm system contractor or a private
security guard, private security police, or to a private security
guard business, 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.
(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)
Has not been Was not dishonorably discharged from a branch
of the United States military service.
(g) If the applicant is applying for a private security guard
or agency 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, 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) While on active duty as a member of the armed forces,
served as a military police officer or in an equivalent job
classification for at least 2 years; was honorably discharged from
that military 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 3 years.
(ii) A security alarm system contractor business for a
period
of
not less than 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.
(h) (i)
Provided the department the bond or
surety required
under section 9.
(i) (j)
Has not been adjudged insane,
unless he or she has
been adjudged restored to sanity by court order.
(j) (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, "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.
8. (1) Each applicant shall sign and verify the an
application for a license under this act. Each application shall
contain at least all of the following information:
(a)
The name and principal address where the individual or
business
entity person is located in this state.
(b) The address and location of any branch office of the
business.
(c) The certificate of incorporation of the business, if
applicable.
(2) Each applicant who is an individual shall submit 2
passport-quality photographs of the applicant with the application.
If
the applicant is a business entity, not an individual the
resident manager of the business shall submit 2 passport-quality
photographs of himself or herself.
(3) This section does not apply to a private college security
force.
Sec.
9. (1) The department , when 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 1 of the following,
as applicable:
(a)
The applicant, or if the applicant is an individual.
(b)
If the applicant is a firm, company,
partnership, limited
liability
company, or corporation, of a
person that is not an
individual or a private college or university, its individual
members
or officers. , or, if
(c)
If the applicant is a private college
or university, of
its
governing board. , shall issue to the applicant a license. The
issuance
of the license is conditioned upon the applicant's paying
to
the department for each license $200.00 if a sole
proprietorship,
or $300.00 if a private security guard firm,
company,
partnership, limited liability company, or corporation, or
$500.00
if a security alarm system contractor, and upon the
applicant's
executing, delivering, and filing with
(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 1 of the following fees,
as appropriate:
(a) If the applicant is an individual, $200.00.
(b) If the applicant is not an individual, $300.00.
(4) The department shall not issue a license to a security
alarm system contractor under this act unless the applicant
provides
the department a bond in the sum principal amount of
$25,000.00.
The bond shall be conditioned upon on the faithful and
honest
conduct of the business by the applicant and shall be
approved
by the department. In lieu of a bond, the an applicant may
furnish a policy of insurance issued by an insurer authorized to do
business
in this state naming that
names the licensee and the state
as
coinsureds in the amount of $25,000.00 for property damages,
damage, $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 license is valid
for
2 years but is revocable at all times by the department for
cause
shown. The bonds shall be taken in the name The bond shall be
payable to the department 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 of his or her 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 license certificate shall be in a form to be
prescribed
by the department.
(5) (2)
If a licensee desires to open a branch office, he or
she
may receive a license for that branch following A private
security guard licensee shall not operate a branch office without a
license for that branch office. The department shall not issue a
branch
office license without obtaining the approval
as required in
section
7 and payment to paying the department of 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.
(3)
The additional license issued
under subsection (2) shall
be posted in a conspicuous place in the branch office and shall
expire on the same date as the initial license.
(6) (4)
Subject to subsection (5), (7), if
the a license is
denied,
revoked, or suspended for cause, no the department shall
not
refund shall be made of the
license fees or a any part of the
license fees.
(7) (5)
Beginning July 23, 2004, the
department shall issue or
deny
an application for an initial or
renewal license not later
than
within 180 days after the applicant files a completed
application.
Receipt of the An application is considered filed on
the date the application is received by any agency or department of
the
this state. of Michigan. If the 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 receipt the
filing of the
incomplete application, describing the deficiency and requesting
the
additional information. The A
180-day period described in this
subsection
is tolled upon notification by 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.
(8) (6)
If the department fails to issue or
deny a license
within
in the time required by 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 within in
the time required under this
section does not allow the department to otherwise delay the
processing
of the an application, and that application, upon on
completion,
shall be placed 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 the processing of the an application
based
upon
on the fact that the license fee was refunded or
discounted
under this subsection.
(9) (7)
Beginning October 1, 2005, the 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 (5).(7).
(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 (6).(8).
(10) (8)
The department shall deposit the fees
collected by
the
department under this section shall
be deposited into the
security
business fund created in subsection (9).(11).
(11) (9)
The security business fund is
created within in the
state treasury. All of the following apply to the fund:
(a) The department shall deposit all license fees collected
under this act into the fund.
(b) The state treasurer may receive money or other assets from
any source for deposit into the fund.
(c) The state treasurer shall direct the investment of the
fund.
(d) The state treasurer shall credit to the fund interest and
earnings from fund investments.
(e) 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.
(f) The money in the fund shall not lapse to the general fund.
(g) The department shall expend money from the fund, upon
appropriation, only for enforcement and administration of this act.
(12) (10)
As used in this section,
"completed application"
means an application that is complete on its face and submitted
with
any applicable licensing fees as well as 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 entity person but not from another department or
agency
of the this state. of Michigan.
Sec.
14. (1) Upon issuing When
it issues 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 department shall determine the form and contents of
the
identification card shall be prescribed by the department,
described in subsection (1), and the department shall recall the
card
shall be recalled by the department if the license is revoked.
(3)
Only The department shall
issue only 1 identification card
shall
be issued described in
subsection (1) for each person
individual 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
individuals or employees to use it.
(4) This section does not prevent an agency from issuing its
own
identification cards to its employees if they are approved as
to
their form and content are approved by the
department. The
individual
card
(5) An identification card issued under this subsection shall
not bear the seal of the state, and the employee shall be
designated
as either security alarm system agent, a private
security police officer, private college security force officer,
security guard, or security technician.
(6) (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 If the
suspended license is required to be not
revoked
for a the violation, of this act, the department shall
reinstate
a the suspended license upon if the
licensee complying
complies
with this act and the licensee paying
pays a $100.00
reinstatement fee.
(7) (5)
Upon proper application and for
sufficient reasons
shown, the department may issue duplicates of the original
certificate of license or identification card.
Sec. 16. (1) A person shall not manufacture a badge or shield
which
that purports to indicate that the holder is a licensed alarm
system
contractor, alarm system agent, private
security guard or
agency. ,
or any of those persons as listed, in section 2. A person
shall
not display offer for sale a badge, shield, identification
card,
or certificate of license that, by which if used by the
holder, might mislead a member of the public into thinking that the
holder
is a licensed alarm system contractor, alarm system agent,
or
private security guard , or agency.
(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 alarm system contractor,
alarm
system agent, or a private security
guard or agency.
(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 a 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 security
alarm
system
contractor, private security
police, 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 is of an
individual 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),
(i), and (k), (j), 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), (i), and
(k),
(j), 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), (i),
and (k), (j), be
at least 18
years of age, and have at least a high school diploma, a GED, or
its equivalent.
(3) A licensee shall keep and maintain in this state adequate
and
complete personnel information on all persons employed by him
or
her. 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, private security police
officer, 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.
19. (1) The A licensee
shall not wear or allow an
employee
to wear a particular type of uniform
and insignia worn by
a
licensee or his or her employees must be that is not approved by
the
department, and shall not that may deceive or confuse
the
public, or be
that is identical with that of a law enforcement
officer of the federal government, state, or a political
subdivision of the state in the community of the license holder.
Shoulder
A licensee and its employees
shall wear shoulder
identification
patches shall be worn on all uniform jackets, coats,
and
shirts and shall that include the name of the licensee or
agency.
Shoulder identification patches or emblems shall not be
less
than and are at least 3 inches by 5 inches in size.
(2) A licensee shall not wear or carry or allow an employee to
wear
or carry a badge or shield shall not
be worn or carried by a
security
alarm system agent, private security police officer,
private
college security force officer, or an employee or licensee
of
a security alarm system contractor, private security police
organization,
private college security force, or private security
guard
agency, unless that is not approved by the director of the
department.
(3)
A person An individual 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 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.
(4)
A person An individual who
is 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.
(5)
A licensee may authorize his or her its 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 subsection is
cause for revocation or suspension of the license.
(3)
A person If an individual
who is not licensed under this
act
who advertises his or her business to be that of a private
security
guard, or security alarm agency, irrespective of
the name
or title actually used, he or she 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(7), 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 provides a renewal surety bond in the amount
specified
in required under section 9, and the payment of pays a
renewal
fee of $100.00 if a sole proprietorship, $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.the
applicant is an individual or $150.00
if the applicant is a person other than an individual.
(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 paying
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 into the security business fund created in under
section
9(9).9(11).
Sec.
26. (1) Upon the death of If an individual licensed
under
this
act, who is licensed as a private
security guard or private
security police force or is an owner of a licensed private security
guard agency or private security police force dies, any of the
following, as applicable, may continue 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 If the licensee was an
individual, the surviving spouse, or if there be none, the
executor
or
administrator of the estate of the decedent ; if there is no
surviving spouse.
(b) In the case of a partner, If the licensee is a partnership
and
the decedent was a partner, the
surviving partners. ;
(c) In the case of an officer of a firm, company,
association,
organization,
or corporation, If the
decedent was an officer of a
licensee that is not an individual or partnership, the remaining
officers
thereof. of the licensee.
(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 under subsection (1).
(3) Upon
the authorization of If
authorized by the department,
the business of a decedent 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 alarm system business or a private
security
guard agency, if the vendee buyer
qualifies for a license
under
the provisions of this act.
Enacting section 1. Section 33 of the private security
business and security alarm act, 1968 PA 330, MCL 338.1083, is
repealed.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 618
of the 97th Legislature is enacted into law.
