Bill Text: MI SB0924 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Occupations; security guards; private security police; allow third parties to provide. Amends secs. 2, 29 & 30 of 1968 PA 330 (MCL 338.1052 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-05-16 - Referred To Committee Of The Whole With Substitute S-1 [SB0924 Detail]

Download: Michigan-2017-SB0924-Introduced.html

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SENATE BILL No. 924

 

 

March 22, 2018, Introduced by Senator KOWALL and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 1968 PA 330, entitled

 

"Private security business and security alarm act,"

 

by amending sections 2, 29, and 30 (MCL 338.1052, 338.1079, and

 

338.1080), section 2 as amended by 2012 PA 581, section 29 as

 

amended by 2010 PA 68, and section 30 as amended by 2000 PA 411.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. (1) As used in this act:

 

     (a) "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.

 

     (b) "Department" means 1 of the following, as applicable:

 

     (i) Except as provided in subparagraph (ii), the department of

 

licensing and regulatory affairs. , except that in reference to

 

     (ii) In connection with 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) "Legally organized entity" includes, but is not limited

 

to, an association, corporation, partnership, proprietorship,

 

trust, foundation, not-for-profit, school district, federally

 

recognized Indian tribe, or institution of higher education.

 

     (e) (d) "Licensee" means a person that is licensed under this

 

act.

 

     (f) (e) "Person" means an individual, limited liability

 

company, corporation, or other legal entity.

 

     (g) (f) "Private college security force" means a security

 

force authorized under section 37.

 

     (h) (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.

 

     (i) (h) "Private security police" means that either of the

 

following, but does not include a private college security force:

 

     (i) 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.or educational institution.

 

     (ii) A licensee that is engaged by a legally organized entity

 

to provide protection on the premises of the legally organized

entity.

 

     (j) (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.

 

     (k) (j) "Security alarm system agent" means an individual who

 

is 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.

 

     (l) (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 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 that responds to security

 

alarm systems at a protected premises.

 

     (m) (l) "Security business" means a person that is 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.

 

     (iii) Private security police.

 

     (2) All businesses that provide Except as provided in

 

subsection (5), a person that is engaged in the business of

 

providing 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

 

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. 29. (1) The department of state police shall administer

 

the licensure 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 and 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 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 a that employs private security police

 

organization or officers or officers of a private college security

 

force may voluntarily apply for licensure under this act. When

 

     (3) If a private security police 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 is subject to the provisions of sections 17(1) and

 

19(1).

 

     (5) Private security police that is a person described in

 

section 2(1)(i)(ii) must obtain a license under this act to provide

 

protection on the premises of a legally organized entity that has

 

engaged it to provide that protection.

 

     Sec. 30. (1) A An officer of private security police officer,

 

as described in section 29, who is properly licensed under this act

 

29(2) has the authority to arrest a person an individual without a

 

warrant as set forth for public peace officers in section 15 of

 

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

 

764.15, when that private security police officer is on the

 

employer's premises. Such authority is limited to his or her if all

 

of the following are met:

 

     (a) The officer is properly licensed under this act.

 

     (b) The arrest occurs on the premises of the licensee that

 

employs the officer.

 

     (c) The arrest is made during the officer's hours of

 

employment as a private security police officer. and does not

 

extend beyond the boundaries of the property of the employer and

 

while the

     (d) The private security police officer is in the full uniform

 

of the his or her employer at the time of the arrest.

 

     (2) An officer of private security police described in section

 

29(5) has the authority to arrest an individual without a warrant

 

as set forth for public peace officers in section 15 of chapter IV

 

of the code of criminal procedure, 1927 PA 175, MCL 764.15, if all

 

of the following are met:

 

     (a) The officer's employer is properly licensed as private

 

security police under this act.

 

     (b) The arrest occurs on the premises of the legally organized

 

entity that engaged the officer's employer to provide protection on

 

those premises.

 

     (c) The arrest is made during the hours the officer is

 

assigned to work as a private security police officer on the

 

premises of the legally organized entity that engaged the officer's

 

employer to provide protection on those premises.

 

     (d) The private security police officer is in the full uniform

 

of his or her employer at the time of the arrest.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.