July 23, 2008, Introduced by Rep. Condino and referred to the Committee on Regulatory Reform.
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), sections 2 and 29 as amended by 2002 PA 473 and section
30 as amended by 2000 PA 411; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) As used in this act:
(a)
"Department" means the department of consumer and industry
services
except that in reference to the regulation of private
security
police, department means the department of state police
labor and economic growth.
(b) "Licensee" means a sole proprietorship, firm, company,
partnership, limited liability company, or corporation licensed
under this act.
(c) "Private security guard" means an individual or an
employee of an employer who offers, for hire, to provide protection
of
persons or property. on the premises of another.
(d) "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.
(e) "Security alarm system" means a detection device or an
assembly of equipment and devices arranged to signal the presence
of a hazard requiring urgent attention or to which police are
expected to respond. 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 a video signal that is not transmitted over a public
communication system or a fire alarm system or an alarm system that
monitors temperature, humidity, or other condition not directly
related to the detection of an unauthorized intrusion into a
premises or an attempted robbery at a premises.
(f) "Security alarm system agent" means a person 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.
(g) "Security alarm system contractor" means a sole
proprietorship, firm, company, partnership, limited liability
company, or corporation 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 the protected premises.
(h) "Security business" means a person or business entity
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 furnishing security alarm systems for the
protection of persons and property, 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 providing communications
channels under tariffs for the transmission of signals in
connection with an alarm system is not subject to this act.
(4) Railroad policemen appointed and commissioned under the
railroad code of 1993, 1993 PA 354, MCL 462.101 to 462.451, are
exempt from this act.
Sec. 29. (1) The licensure of private security police shall be
administered
by the department. of state police. The application,
qualification, and enforcement provisions under this act apply to
private
security police. except that the administration of 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 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, educational institution, or
corporation
maintaining a private security police organization may
voluntarily
apply for licensure under this act. When
a private
security
police employer as described in this section provides the
employee with a pistol for the purpose of protecting the property
of the employer, the pistol shall be 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 subject to the provisions of
sections
17(1) and 19(1).
Sec.
30. A private security police officer
, as described in
section
29, who is properly licensed under
this act has the
authority to arrest a person 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 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 private security
police officer is in the full uniform of the employer.
Enacting section 1. Section 31 of the private security
business and security alarm act, 1968 PA 330, MCL 338.1081, is
repealed.