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.