HOUSE BILL No. 5917


     June 21, 2000, Introduced by Rep. Sanborn and referred to the Committe on Criminal Law and Corrections.


        A bill to amend 1968 PA 330, entitled

   "Private security guard act of 1968,"

   by amending the title and sections 1, 2, 3, 4, 6, 7, 8, 9, 10,

   11, 14, 17, 18, 19, 22, 25, 29, 30, 31, 32, and 33 (MCL 338.1051,

   338.1052, 338.1053, 338.1054, 338.1056, 338.1057, 338.1058,

   338.1059, 338.1060, 338.1061, 338.1064, 338.1067, 338.1068,

   338.1069, 338.1072, 338.1075, 338.1079, 338.1080, 338.1081,

   338.1082, and 338.1083), sections 6, 10, 17, and 18 as amended by

   1994 PA 326; and to repeal acts and parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                                    TITLE

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           An act to license and regulate private security guards, pri-

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      vate SECURITY police,  special police, security technicians,

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      watchmen, patrol service,  private security guard agencies and

 5
      SECURITY alarm systems  sales, installations, and operations 


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      SERVICING, INSTALLING, OPERATING, AND MONITORING; to provide

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      penalties for violations; to protect the general public against

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      unauthorized, unlicensed and unethical operations by individuals

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      engaged in private security activity or SECURITY alarm systems

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      sales, installations, SERVICE, MAINTENANCE, and operations; to

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      establish minimum qualifications for individuals as well as pri-

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      vate agencies engaged in  private  THE security  work 
   BUSINESS

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      and SECURITY alarm systems and operations; and to prescribe the

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      powers and duties of the department of state police.

10
           Sec. 1.  This act shall be known and may be cited as the

11
      "private security  guard  BUSINESS AND SECURITY ALARM act".  of

12
      1968". 

13
           Sec. 2.  (1) As used in this act:

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            (a) "Alarm system" means a detection device or an assembly

15
      of equipment and devices arranged to signal the presence of a

16
      hazard requiring urgent attention or to which police are expected

17
      to respond.  A fire alarm system or an alarm system which moni-

18
      tors temperature, humidity, or other condition not directly

19
      related to the detection of an unauthorized intrusion into a

20
      premises or an attempted robbery at a premises is excluded from

21
      the provisions of this act.

22
           (b) "Alarm system agent" means a person employed by an alarm

23
      system contractor whose duties include the altering, installing,

24
      maintaining, moving, repairing, replacing, selling, servicing,

25
      responding to, or causing others to respond to an alarm system.

26
           (c) "Alarm system contractor" means a person, firm, company,

27
      partnership, or corporation engaged in the installation,



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      maintenance, alteration, or servicing of alarm systems or who

 2
      responds to an alarm system.  "Alarm system contractor" shall not

 3
      include a business which only sells or manufactures alarm systems

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      unless the business services alarm systems, installs alarm sys-

 5
      tems, or monitors or responds to alarm systems at the protected

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      premises.

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           (d) "Business of alarm system contractor, private police,

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      special police, watchmen, patrol service, private security

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      guards, security technicians and private security guard agencies"

10
      means a person, firm, company, partnership, or corporation

11
      engaged in the furnishing of such service, or performed by per-

12
      sons as defined in subdivisions (g) and (h) and subsection (2),

13
      with or without the assistance of an employee or employees. 

14
           (A)  (e)  "Department" means the department of state

15
      police.

16
           (B)  (f)  "Licensee" means a person, firm, company, partner-

17
      ship, or corporation licensed under  the provisions of  this

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      act.

19
            (g) "Private police, special police, watchmen, patrol serv-

20
      ice agencies, private security guards and private security guard

21
      agencies" means, separately or collectively, as an individual or

22
      an employer of employees in the business of furnishing, for hire,

23
      fee or reward, private police, special police, watchmen, patrol

24
      service, private security guards, or other persons hired to pre-

25
      vent the theft or the misappropriation or concealment of goods,

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      wares or merchandise, money, bonds, stocks, notes, choses in





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      action or other valuable documents, papers and articles of

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      value.

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           (h) "Private police or special police or security guards or

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      watchmen" employed by investment, financial concerns, or other

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      business firms, not including banks or savings and loan associa-

 6
      tions, whose duties require their employees as designated above,

 7
      to proceed from 1 point to another, including convoy activity for

 8
      protection of choses in action or other designated reasons, and

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      in so doing travel on public property, shall be included under

10
      this act. 

11
           (C) "PRIVATE SECURITY GUARD" MEANS AN INDIVIDUAL OR AN

12
      EMPLOYEE OF AN EMPLOYER WHO OFFERS, FOR HIRE, TO PROVIDE PROTEC-

13
      TION OF PERSONS AND PROPERTY ON THE PREMISES OF ANOTHER.

14
           (D) "PRIVATE SECURITY POLICE" MEANS THAT PART OF A BUSINESS

15
      ORGANIZATION PRIMARILY RESPONSIBLE FOR THE PROTECTION OF PROPERTY

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      AND PERSONS ON THE PREMISES OF THE BUSINESS ORGANIZATION.

17
           (E) "SECURITY ALARM SYSTEM" MEANS A DETECTION DEVICE OR AN

18
      ASSEMBLY OF EQUIPMENT AND DEVICES ARRANGED TO SIGNAL THE PRESENCE

19
      OF A HAZARD REQUIRING URGENT ATTENTION OR TO WHICH POLICE ARE

20
      EXPECTED TO RESPOND.  SECURITY ALARM SYSTEM INCLUDES ANY SYSTEM

21
      THAT CAN ELECTRONICALLY CAUSE AN EXPECTED RESPONSE BY A LAW

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      ENFORCEMENT AGENCY TO A PREMISES BY MEANS OF THE ACTIVATION OF AN

23
      AUDIBLE SIGNAL, VISIBLE SIGNAL, ELECTRONIC NOTIFICATION, OR VIDEO

24
      SIGNAL, OR ANY COMBINATION OF THESE SIGNALS, TO A REMOTE MONITOR-

25
      ING LOCATION ON OR OFF THE PREMISES.  SECURITY ALARM SYSTEM DOES

26
      NOT INCLUDE A VIDEO SIGNAL THAT IS NOT TRANSMITTED OVER A PUBLIC

27
      COMMUNICATION SYSTEM OR A FIRE ALARM SYSTEM OR AN ALARM SYSTEM



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      THAT MONITORS TEMPERATURE, HUMIDITY, OR OTHER CONDITION NOT

 2
      DIRECTLY RELATED TO THE DETECTION OF AN UNAUTHORIZED INTRUSION

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      INTO A PREMISES OR AN ATTEMPTED ROBBERY AT A PREMISES.

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           (F) "SECURITY ALARM SYSTEM AGENT" MEANS A PERSON EMPLOYED BY

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      A SECURITY ALARM SYSTEM CONTRACTOR WHOSE DUTIES INCLUDE THE

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      ALTERING, INSTALLING, MAINTAINING, MOVING, REPAIRING, REPLACING,

 7
      SELLING, SERVICING, MONITORING, RESPONDING TO, OR CAUSING OTHERS

 8
      TO RESPOND TO A SECURITY ALARM SYSTEM.

 9
           (G) "SECURITY ALARM SYSTEM CONTRACTOR" MEANS A PERSON, FIRM,

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      COMPANY, PARTNERSHIP, OR CORPORATION ENGAGED IN THE INSTALLATION,

11
      MAINTENANCE, ALTERATION, MONITORING, OR SERVICING OF SECURITY

12
      ALARM SYSTEMS OR WHO RESPONDS TO A SECURITY ALARM SYSTEM.

13
      SECURITY ALARM SYSTEM CONTRACTOR DOES NOT INCLUDE A BUSINESS THAT

14
      ONLY SELLS OR MANUFACTURES SECURITY ALARM SYSTEMS UNLESS THE

15
      BUSINESS SERVICES SECURITY ALARM SYSTEMS, INSTALLS SECURITY ALARM

16
      SYSTEMS, MONITORS OR ARRANGES FOR THE MONITORING OF A SECURITY

17
      ALARM SYSTEM, OR RESPONDS TO SECURITY ALARM SYSTEMS AT THE PRO-

18
      TECTED PREMISES.

19
           (H) "SECURITY BUSINESS" MEANS A PERSON OR BUSINESS ENTITY

20
      ENGAGED IN OFFERING, ARRANGING, OR PROVIDING 1 OR MORE OF THE

21
      FOLLOWING SERVICES:

22
           (i) SECURITY ALARM SYSTEM INSTALLATION, SERVICE, MAINTE-

23
      NANCE, ALTERATION, OR MONITORING.

24
           (ii) PRIVATE SECURITY GUARD.

25
           (iii) PRIVATE SECURITY POLICE.

26
           (2) All businesses furnishing SECURITY alarm systems for the

27
      protection of persons and property, whose employees and security



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      technicians travel on public property and thoroughfares in the

 2
      pursuit of their duties,  shall be included under  ARE SUBJECT TO

 3
      this act.  , except this shall not include a 

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           (3) A communications common carrier providing communications

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      channels under tariffs for the transmission of signals in connec-

 6
      tion with an alarm system IS NOT SUBJECT TO THIS ACT.

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           (4)  (3)  Railroad policemen appointed and commissioned

 8
      under the  provisions of Act No. 114 of the Public Acts of 1941,

 9
      as amended, being sections 470.51 to 470.61 of the Michigan

10
      Compiled Laws  RAILROAD CODE OF 1993, 1993 PA 354, MCL 462.101 TO

11
      462.451, are exempt from  the provisions of  RAILROAD CODE OF

12
      1993, 1993 PA 354, MCL 462.101 TO 462.451, are exempt from  the

13
      provisions of  this act.

14
           Sec. 3.  (1) Unless licensed  pursuant to  UNDER this act, a

15
      person, firm, company, partnership, or corporation shall not

16
      engage in the business of SECURITY alarm system contractor,

17
       alarm system agent,  private security guard, private SECURITY

18
      police,  special police,  patrol service, or an agency furnishing

19
      those services.  , notwithstanding the name or title used in

20
      describing the agency and notwithstanding that other functions

21
      and services may also be performed for fee, hire, or reward.  A

22
      person, firm, company, partnership, or corporation shall not

23
      advertise  the  ITS business to be that of SECURITY alarm system

24
      contractor, SECURITY alarm system agent, private security guard

25
      agency, or an agency furnishing those services without having

26
      first obtained from the department a license to do so  , as

27
      provided in this act,  for each  bureau, agency, subagency,
   



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      office  ,  and branch office to be owned, conducted, managed, or

 2
      maintained for the conduct of that business.  A person who vio-

 3
      lates this section is guilty of a misdemeanor, punishable by

 4
      imprisonment for not more than 90 days, or by a fine of not more

 5
      than $1,000.00, or both. 

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           (2) A person shall not sell, install, operate, adjust,

 7
      arrange for, or contract to provide a device which upon activa-

 8
      tion, either mechanically, electronically, or by any other means,

 9
      initiates the automatic calling or dialing of, or makes a connec-

10
      tion directly to, a telephone assigned to a public service, util-

11
      ity, or police agency, for the purpose of delivering a recorded

12
      message, without first receiving written permission from that

13
      service, utility, or agency.

14
           (3) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY

15
      PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS, BY A FINE

16
      OF NOT MORE THAN $1,000.00, OR BOTH.

17
           Sec. 4.  The department  shall have the power to  MAY issue

18
      separate licenses to SECURITY alarm system contractors,  alarm

19
      system agents,  private SECURITY police,  special police, patrol

20
      services,  and  to  private security guard agencies. 
    Nothing in

21
      this section shall prevent a private detective or private inves-

22
      tigator licensed under the laws of this state from performing the

23
      services of private security guard or agency as defined under

24
      this act and the license fee shall include both services.  A pri-

25
      vate security guard or agency may not perform the services of a

26
      private detective or private investigator as defined in Act

27
      No. 285 of the Public Acts of 1965, as amended, being sections



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      338.821 to 338.851 of the Michigan Compiled Laws, without

 2
      obtaining a detective license so to do. 

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           Sec. 6.  (1) The department shall issue a license to conduct

 4
      business as  an  A SECURITY alarm system contractor or a private

 5
      security guard,  or agency  PRIVATE SECURITY POLICE, OR TO A PRI-

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      VATE SECURITY GUARD BUSINESS, if it is satisfied that the appli-

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      cant is a person, or if a firm, partnership, company, or corpora-

 8
      tion the sole or principal license holder is a person, who meets

 9
      all of the following qualifications:

10
            (a) Is a citizen of the United States. 

11
           (A)  (b)  Is not less than 25 years of age.

12
           (B)  (c)  Has a high school education or its equivalent.

13
            (d) Is currently, and has been for not less than 1 year, a

14
      resident of this state. 

15
           (C)  (e)  Has not been under any sentence, including parole,

16
      probation, or actual incarceration, for the commission of a

17
      felony.  within 5 years before the date of application. 

18
           (D) HAS NOT BEEN CONVICTED OF AN OFFENSE LISTED IN

19
      SECTION 10(1)(C) WITHIN 5 YEARS BEFORE THE DATE OF APPLICATION.

20
           (E)  (f)  Has not been dishonorably discharged from a branch

21
      of the United States military service.

22
           (F)  (g)  In the case of an applicant for a private security

23
      guard or agency license, has been lawfully engaged in 1 or more

24
      of the following:

25
           (i) In the private security guard or agency business on his

26
      or her own account for a period of not less than 3 years.





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           (ii) In the private security guard or agency business for a

 2
      period of not less than  3  4 years as an employee of the holder

 3
      of a certificate of authority to conduct a private security guard

 4
      or agency business  ,  and has had experience reasonably equiva-

 5
      lent to not less than 4 years of full-time guard work in a super-

 6
      visory capacity with rank above that of patrolman.

 7
           (iii) In law enforcement employment on a full-time basis for

 8
      not less than 4 years for a city, county, or state government, or

 9
      for the United States government.

10
           (iv) In the private security guard or agency business as an

11
      employee or on his or her own account or as a security adminis-

12
      trator in private business for not less than 2 years on a

13
      full-time basis, and is a graduate WITH A BACCALAUREATE DEGREE or

14
      its equivalent in the field of police administration or indus-

15
      trial security from an accredited college or university.

16
           (G)  (h)  In the case of an applicant for  an  A
   SECURITY

17
      alarm system contractor license, has been lawfully engaged in

18
      either or both of the following:

19
           (i) The SECURITY alarm system contractor business on his or

20
      her own account for a period of not less than 3 years.

21
           (ii) The SECURITY alarm system contractor business for a

22
      period of not less than  3  4 years as an employee of the holder

23
      of a certificate of authority to conduct  an  A SECURITY alarm

24
      system contractor business, and has had experience reasonably

25
      equivalent to at least 4 years of full-time work in a supervisory

26
      capacity or passes a written exam administered by the department





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      designed to measure his or her knowledge and training in SECURITY

 2
      alarm systems.

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           (H)  (j)  Has posted with the department a bond provided for

 4
      in this act.

 5
           (I)  (k)  Has not been adjudged insane  ,  unless
   restored

 6
      to sanity by court order.

 7
           (J)  (l)  Does not have any outstanding warrants for his or

 8
      her arrest.

 9
           (2) In the case of a person, firm, partnership, company, or

10
      corporation now doing or seeking to do business in this state,

11
      the resident manager shall comply with the applicable qualifica-

12
      tions of this section.

13
           Sec. 7.  (1) The department shall prepare a uniform applica-

14
      tion for the particular license  ,  and shall require the person

15
      filing application to list as references at least 5 reputable

16
      citizens who are residents of this state who have known the

17
       application  APPLICANT for a period of at least 5 years, who can

18
      attest that the applicant is honest, of good character, and com-

19
      petent, and who are not related or connected to the applicant by

20
      blood or marriage.

21
           (2) Upon receipt of the application, the department shall

22
      investigate the applicant's reputation for truth, honesty, integ-

23
      rity and ethical dealing.

24
           (3) The application and investigation  shall  IS not  be
   

25
      CONSIDERED complete until the applicant has received the approval

26
      of the prosecuting attorney and the sheriff of the county IN THIS

27
      STATE within which the principal office of the applicant is to be



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      located.  If the office is to be located in a city, TOWNSHIP, or

 2
      village, the approval of the chief of police may be obtained

 3
      instead of the sheriff.  Branch offices and branch managers shall

 4
      be similarly approved.

 5
           (4) IF A PERSON HAS NOT PREVIOUSLY BEEN DENIED A LICENSE OR

 6
      HAS NOT HAD A PREVIOUS LICENSE SUSPENDED OR REVOKED, THE DEPART-

 7
      MENT MAY ISSUE A NONRENEWABLE TEMPORARY LICENSE TO AN APPLICANT.

 8
      IF APPROVED BY THE DEPARTMENT, THE TEMPORARY LICENSE IS VALID

 9
      UNTIL 1 OR MORE OF THE FOLLOWING OCCUR BUT NOT TO EXCEED 120

10
      DAYS:

11
           (A) THE RESULTS OF THE INVESTIGATIONS AND APPROVALS REQUIRED

12
      UNDER SUBSECTIONS (1), (2), AND (3).

13
           (B) THE RESULTS OF THE INVESTIGATION OF THE SUBJECT MATTER

14
      ADDRESSED IN SECTION 6.

15
           (C) THE RESULTS OF THE INVESTIGATION OF ANY EMPLOYEES OF THE

16
      LICENSEE AS FURTHER DESCRIBED IN SECTION 17.

17
           (D) CONFIRMATION OF COMPLIANCE WITH THE BONDING OR INSURANCE

18
      REQUIREMENTS IMPOSED IN SECTION 9.

19
           (E) THE APPLICANT FAILS TO MEET 1 OR MORE OF THE REQUIRE-

20
      MENTS FOR LICENSURE IMPOSED UNDER THIS ACT.

21
           (5) THE FEES FOR A TEMPORARY LICENSE SHALL BE THE APPLICABLE

22
      FEES AS DESCRIBED IN SECTION 9.

23
           Sec. 8.  If the applicant is a corporation, the application

24
      shall be signed and verified by the president, secretary and

25
      treasurer thereof, and shall specify the name of the corporation,

26
      the date and place of its incorporation, the location of its

27
      principal place of business, and the name of the city, as well as



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      indicate the location of the bureau, agency, subagency, office or

 2
      branch office for which the license is desired, the amount of the

 3
      corporation's outstanding paid-up capital and stock, and whether

 4
      paid in cash or property, and if in property, the nature of the

 5
      same, and shall be accompanied by a duly certified copy of a cer-

 6
      tificate of incorporation.

 7
           Each person or individual signing an application shall,

 8
      together with such application, submit to the department his pho-

 9
      tograph, taken within 6 months prior thereto in duplicate, in

10
      passport size. 

11
           (1) EACH APPLICANT SHALL SIGN AND VERIFY THE APPLICATION.

12
      EACH APPLICATION SHALL CONTAIN AT LEAST ALL OF THE FOLLOWING:

13
           (A) THE NAME AND PRINCIPAL ADDRESS WHERE THE INDIVIDUAL OR

14
      BUSINESS ENTITY IS LOCATED IN THIS STATE.

15
           (B) THE ADDRESS AND LOCATION OF ANY BRANCH OFFICE OF THE

16
      BUSINESS.

17
           (C) THE CERTIFICATE OF INCORPORATION OF THE BUSINESS, IF

18
      APPLICABLE.

19
           (2) EACH APPLICANT SHALL SUBMIT 2 PASSPORT QUALITY PHOTO-

20
      GRAPHS OF THE APPLICANT WITH THE APPLICATION.  IF THE APPLICANT

21
      IS A BUSINESS ENTITY, THE RESIDENT MANAGER OF THE BUSINESS SHALL

22
      SUBMIT 2 PASSPORT QUALITY PHOTOGRAPHS OF HIMSELF OR HERSELF.

23
           Sec. 9.  (1) The department, when satisfied of the good

24
      character, competence, and integrity of the applicant, or if the

25
      applicant is a firm, company, partnership, or corporation, of

26
       the  ITS individual members or officers,  thereof,  shall
   issue

27
      to the applicant a certificate of license upon the applicant's



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      paying to the department for each certificate of license $200.00

 2
      if a person, or $300.00 if a private security guard firm, com-

 3
      pany, partnership, or corporation, or $500.00 if  an  A SECURITY

 4
      alarm system contractor, and upon the applicant's executing,

 5
      delivering, and filing  in the office of  WITH the department a

 6
      bond in the sum of  $5,000.00  $25,000.00.  if a person, or

 7
      $10,000 if a private security guard firm, company, partnership,

 8
      or corporation or an alarm system contractor.  The bond shall be

 9
      conditioned upon the faithful and honest conduct of the business

10
      by the applicant  ,  and shall be approved by the  state 

11
      DEPARTMENT.  In lieu of a bond, the applicant may furnish a

12
      policy of insurance issued by an insurer authorized to do busi-

13
      ness in this state  ,  naming the licensee and the state as coin-

14
      sureds in the amount of  $20,000.00  $25,000.00 for property dam-

15
      ages, $100,000.00 for injury to or death of 1 person, and

16
      $200,000.00 for injuries to or deaths of more than 1 person aris-

17
      ing out of the operation of the licensed activity.  The license

18
       shall be  IS valid for 2 years  ,  but  shall be
   revokable  IS

19
      REVOCABLE at all times by the department for cause shown.  The

20
      bonds shall be taken in the name of the people of the state  , 

21
      and a person injured by the  wilful  WILLFUL, malicious, and

22
      wrongful act of the licensee or any of his OR HER agents or

23
      employees may bring an action on the bond or insurance policy in

24
      his OR HER own name to recover damages suffered by reason of the

25
      WRONGFUL act.  The license certificate shall be in a form to be

26
      prescribed by the department.  and shall specify the full name of

27
      the applicant, the location of the principal office or place of



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      business and the location of the bureau, agency, subagency,

 2
      office, or branch office for which the license is issued, the

 3
      date on which it will expire, and the name of the person filing

 4
      the application. 

 5
           (2) If a licensee desires to open a branch office,  or

 6
      subagency,  he OR SHE may receive a certificate of license for

 7
      that branch  or subagency  following approval as required in sec-

 8
      tion 7 and payment to the department of an additional fee of

 9
      $50.00 for each private security guard branch office license and

10
      $100.00 for each SECURITY alarm system contractor branch office

11
      license.  The additional license shall be posted in a conspicuous

12
      place in the branch office  or subagency  and shall expire

13
       concurrent with the  ON THE SAME date  of  AS the initial

14
      license.

15
           (3) THE DEPARTMENT SHALL CHARGE AN ADDITIONAL FEE OF $25.00

16
      FOR A LATE RENEWAL AS FURTHER DESCRIBED IN SECTION 25.

17
           (4)  (3)  If the license is DENIED, revoked, or  terminated
   

18
      SUSPENDED for cause, no refund shall be made of the license fees

19
      or a part thereof.

20
           Sec. 10.  (1) The department may revoke any license issued

21
      under this act if it determines, upon good cause shown, that the

22
      licensee or his or her manager, if THE LICENSEE IS an individual,

23
      or if the licensee is a person other than an individual, that any

24
      of its officers, directors, partners or its manager, has done any

25
      of the following:







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           (a) Made any false statements or given any false information

 2
      in connection with an application for a license or a renewal or

 3
      reinstatement of a license.

 4
           (b) Violated any provision of this act.

 5
           (c) Been, while licensed or employed by a licensee, con-

 6
      victed of  , or has knowingly continued the employment of any

 7
      individual convicted of, a felony, misdemeanor punishable by more

 8
      than 1 year of imprisonment, or any crime or crimes involving

 9
      moral turpitude, dishonesty or fraud, unauthorized divulging or

10
      selling of information or evidence, impersonation of a law

11
      enforcement officer or employee of the United States or any state

12
      or political subdivision of the United States, illegally using,

13
      carrying or possessing a dangerous weapon, habitual drunkenness,

14
      using, selling or possessing narcotics, or illegally using an

15
      excessive and unnecessary degree of force.  A FELONY OR A MISDE-

16
      MEANOR INVOLANY OF THE FOLLOWING:

17
           (i) DISHONESTY OR FRAUD.

18
           (ii) UNAUTHORIZED DIVULGING OR SELLING OF INFORMATION OR

19
      EVIDENCE.

20
           (iii) IMPERSONATION OF A LAW ENFORCEMENT OFFICER OR EMPLOYEE

21
      OF THE UNITED STATES, THIS STATE, OR A POLITICAL SUBDIVISION OF

22
      THIS STATE.

23
           (iv) ILLEGALLY USING, CARRYING, OR POSSESSING A DANGEROUS

24
      WEAPON.

25
           (v) TWO OR MORE ALCOHOL RELATED OFFENSES.

26
           (vi) CONTROLLED SUBSTANCES UNDER THE PUBLIC HEALTH CODE,

27
      1978 PA 368, MCL 333.1101 TO 333.25211.



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 1
           (vii) AN ASSAULT.

 2
           (d) Knowingly submitted any of the following:

 3
           (i) A name other than the true name of a prospective

 4
      employee.

 5
           (ii) Fingerprints not belonging to the prospective

 6
      employee.

 7
           (iii) False identifying information in connection with the

 8
      application of a prospective employee.

 9
           (2) The department shall not renew a license of a licensee

10
      who  fails to pay any fines or fees due and owing  OWES ANY FINE

11
      OR FEE to the department at the time  of  FOR A renewal.

12
           (3)  Upon notification from the department of the revocation

13
      of the license, the licensee, within 48 hours after notification,

14
      shall surrender to the department the certificate of license and

15
      his or her identification card.  In addition to the penalties

16
      provided for in section 32, failure to surrender a certificate of

17
      license or identification card to the department is  WITHIN 48

18
      HOURS AFTER NOTIFICATION FROM THE DEPARTMENT OF THE REVOCATION OF

19
      A LICENSE UNDER THIS ACT, THE LICENSEE SHALL SURRENDER THE

20
      LICENSE AND THE IDENTIFICATION CARD ISSUED UNDER SECTION 14.  A

21
      PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF a misdemeanor

22
      PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS OR A FINE OF

23
      NOT MORE THAN $500.00, OR BOTH.

24
           Sec. 11.  A  THE DEPARTMENT SHALL NOT REFUND A license OR

25
      APPLICATION fee  shall not be refunded  unless a showing is made

26
      of  ineligibility to receive the license by failure to meet the





   06318'00 *
                                  17

 1
      requirements of this act, or by a showing of  mistake,

 2
      inadvertence, or error in the collection of the fee.

 3
           Sec. 14.  (1) Upon issuing a certificate of license, the

 4
      department shall issue an identification card to the principal

 5
      license holder, and if the  agency is  LICENSEE IS A PARTNER IN a

 6
      partnership to each partner, and if the license holder is a cor-

 7
      poration to each resident officer or manager  thereof  BUT ONLY

 8
      IF REQUESTED BY A RESIDENT OFFICER OR MANAGER.

 9
           (2) The form and contents of the identification card shall

10
      be prescribed by the department, and the card shall be

11
       recallable  RECALLED by the department  for cause  IF THE

12
      PERSON'S LICENSE IS REVOKED.

13
           (3) Only 1 identification card shall be issued for each

14
      person entitled to receive it, and the licensee shall be respon-

15
      sible for the maintenance, custody, and control of the identifi-

16
      cation card, and shall  neither  NOT let, loan, sell,  nor 
   OR

17
      otherwise permit unauthorized persons or employees to use it.

18
       Nothing in this  THIS section  shall be construed to  DOES
   NOT

19
      prevent an agency from issuing its own identification cards to

20
       their  ITS employees if they are approved as to form and content

21
      by the department.  The individual card shall not bear the seal

22
      of the state, but the employee shall be designated as either

23
      SECURITY alarm system agent, private SECURITY police OFFICER,

24
      security guard,  watchman, patrolman,  or security technician.

25
           (4) THE DEPARTMENT MAY SUSPEND A LICENSE ISSUED UNDER THIS

26
      ACT IF THE LICENSE FAILS TO COMPLY WITH ANY OF THE REQUIREMENTS

27
      OF THIS ACT.  UNLESS A LICENSE IS REQUIRED TO BE REVOKED FOR A



   06318'00 *
                                  18

 1
      VIOLATION OF THIS ACT, THE DEPARTMENT SHALL REINSTATE A SUSPENDED

 2
      LICENSE UPON THE LICENSE COMPLYING WITH THIS ACT AND THE LICENSEE

 3
      PAYING A $100.00 REINSTATEMENT FEE.

 4
           (5)  (4)  Upon proper application and for sufficient reasons

 5
      shown, the department may issue duplicates of the original cer-

 6
      tificate of license or identification card.

 7
           Sec. 17.  (1) A licensee may employ as many persons as he or

 8
      she considers necessary to assist him or her in his or her work

 9
      of SECURITY alarm system contractor, PRIVATE SECURITY POLICE, or

10
      private security guard  or agency  and in the conduct of his or

11
      her business, and at all times during the employment  may be  IS

12
      accountable for the good conduct in the business of each person

13
      so employed.

14
           (2) Employees shall meet the qualifications outlined in sec-

15
      tion  6(1)(a), (e), (f), (k), and (l)  6(1)(C), (D), (I), AND

16
      (J), be at least 18 years of age, and have had at least an eighth

17
      grade education or its equivalent.

18
           (3) A licensee shall keep AND MAINTAIN IN THIS STATE ade-

19
      quate and complete personnel information on all persons employed

20
      by him or her.

21
           (4) If a licensee falsely states or represents that a person

22
      is or has been in his or her employ, the false statement or rep-

23
      resentation is sufficient cause for the revocation of the

24
      license.  A person falsely stating or representing that he or

25
      she is or has been a licensed alarm system contractor or private

26
      security guard or agency or employed by a holder of a license is

27
      guilty of a misdemeanor. 



   06318'00 *
                                  19

 1
           (5) A PERSON SHALL NOT FALSELY STATE OR REPRESENT THAT HE OR

 2
      SHE IS AN AGENT OF A LICENSED SECURITY ALARM SYSTEM CONTRACTOR,

 3
      PRIVATE SECURITY POLICE OFFICER, OR PRIVATE SECURITY GUARD.  A

 4
      PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A MISDEMEANOR

 5
      PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS OR A FINE OF

 6
      NOT MORE THAN $500.00, OR BOTH.

 7
           Sec. 18.  (1) A licensee shall not knowingly employ any

 8
      person who fails to meet the requirements of section 17.

 9
           (2) The licensee shall cause fingerprints to be taken of all

10
      prospective employees, which fingerprints shall be submitted to

11
      the department for processing and approval.

12
           (3) The fingerprints required to be taken under

13
      subsection (2) may be taken by a law enforcement agency or any

14
      other person determined by the department to be qualified to take

15
      fingerprints.  The department may charge a fee not to exceed

16
      $100.00 for training.  The licensee shall submit a 1-time $15.00

17
      processing fee for each person applying for employment at that

18
      agency.  If a licensee takes the fingerprints, that licensee

19
      shall obtain training in taking fingerprints from the department

20
      or a law enforcement agency or other person determined qualified

21
      by the department.  The department may impose a fee not to exceed

22
      $5.00 for fingerprints submitted to the department that do not

23
      meet standards imposed by the department.

24
           (4) A charge not to exceed $15.00 per person may be required

25
      by the local law enforcement agency for the fingerprint process.

26
           (5) A licensee shall request the department to conduct a

27
      background check of each prospective employee based upon a name



   06318'00 *
                                  20

 1
      check.  THE LICENSEE SHALL OBTAIN A COMPLETE AND SIGNED

 2
      EMPLOYMENT APPLICATION FOR ALL INDIVIDUALS FOR WHOM A NAME CHECK

 3
      IS REQUESTED AND CONDUCTED.  THE EMPLOYMENT APPLICATION SHALL BE

 4
      RETAINED FOR AT LEAST 1 YEAR FROM THE DATE OF ITS SUBMISSION. The

 5
      department shall conduct the background check upon a written or

 6
      telephonic request of a licensee accompanied by a fee of $5.00.

 7
      The background check shall be conducted not later than 3 days

 8
      after the date a written request is made and not later than 24

 9
      hours after a telephonic request is made.  Provisional clearance

10
      based on the name check shall allow the employee to be employed,

11
      for a period of time not to exceed 90 days, pending final clear-

12
      ance based upon a fingerprint check.  If an approval is once

13
      denied, that individual may not again be employed by the submit-

14
      ting licensee except upon receipt of an approved fingerprint

15
      clearance.  A LICENSEE OR EMPLOYEE OF A LICENSEE WHO USES A NAME

16
      CHECK OR RESULTS OF A NAME CHECK FOR PURPOSES OTHER THAN PROSPEC-

17
      TIVE EMPLOYMENT IS GUILTY OF A MISDEMEANOR PUNISHABLE BY A FINE

18
      OF NOT MORE THAN $1,000.00.

19
           (6) The department may enter into an agreement with a

20
      licensee for the payment of fees imposed pursuant to this act.

21
           (7) Any employee who, upon demand, fails to surrender to the

22
      licensee his or her identification card and any other property

23
      issued to him or her for use in connection with his or her

24
      employer's business is guilty of a misdemeanor.

25
           Sec. 19.  (1) The particular type of uniform and insignia

26
      worn by a licensee or his OR HER employees  ,  must be approved

27
      by the department and shall not deceive or confuse the public or



   06318'00 *
                                  21

 1
      be identical with that of a law enforcement officer of the

 2
      federal government, state, or a political subdivision  thereof 

 3
      OF THE STATE in the community of the license holder.  Shoulder

 4
      identification patches shall be worn on all uniform jackets,

 5
      coats, and shirts and shall include the name of the licensee or

 6
      agency.  Shoulder identification patches or emblems shall not be

 7
      less than  2  3 inches by  3  5 inches in size, HALF-MOON
   SHAPE,

 8
      AND RED AND WHITE IN COLOR EXCEPT THAT, UPON REQUEST, THE DEPART-

 9
      MENT MAY APPROVE DIFFERENT COLORS.  A PATCH SHALL BE WORN ON THE

10
      RIGHT BREAST WITH THE WORDS "SECURITY GUARD" OR "SECURITY

11
      TECHNICIAN", AS APPROPRIATE.

12
           (2) A badge or shield shall not be worn or carried by  an  A

13
      SECURITY alarm system agent, private  policeman, special police-

14
      man, watchman  SECURITY POLICE OFFICER, or employee, or licensee

15
      of  an  A SECURITY alarm system contractor,  patrol service

16
      agency  PRIVATE SECURITY POLICE ORGANIZATION, or private security

17
      guard agency, unless approved by the director of the department.

18
       of state police. 

19
           (3) A PERSON SHALL NOT WEAR OR DISPLAY A BADGE OR SHIELD

20
      UNLESS THE PERSON IS ON DUTY AS AN EMPLOYEE OF THE LICENSEE OR

21
      WHILE GOING TO AND FROM HIS OR HER PLACE OF EMPLOYMENT AND HIS OR

22
      HER RESIDENCE.

23
           (4) A PERSON WHO IS NOT EMPLOYED AS A SECURITY GUARD SHALL

24
      NOT DISPLAY A BADGE OR SHIELD OR WEAR A UNIFORM OF A SECURITY

25
      GUARD.  A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A MIS-

26
      DEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS OR

27
      A FINE OF NOT MORE THAN $500.00, OR BOTH.



   06318'00 *
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 1
           (5)  (3)  A person licensed as  an  A SECURITY alarm
   system

 2
      contractor, SECURITY alarm system agent, or a private security

 3
      guard or agency is not authorized to carry a deadly weapon unless

 4
      he OR SHE is licensed to do so in accordance with the laws of

 5
      this state.

 6
           (6)  (4) Nothing in this  THIS act  will  DOES NOT
   prevent a

 7
      licensee from authorizing his OR HER employee to carry a  night

 8
      stick constructed solely of wood  TACTICAL BATON THAT IS COMMER-

 9
      CIALLY AVAILABLE.

10
           Sec. 22.  (1) Every advertisement by a licensee soliciting

11
      or advertising for business shall contain his OR HER business

12
      name and address as they appear in the records of the

13
      department.

14
           (2)  Any  A licensee shall,  on  UPON notice from AND
   ORDER

15
      OF the department, discontinue any advertising or the use of any

16
      advertisement, seal, or card  , which  THAT, in the opinion of

17
      the department, may tend to mislead the public.  Failure to

18
      comply with any such order of the department  shall be  IS cause

19
      for revocation OR SUSPENSION of the license.  of such licensee. 

20
           (3)  Any  A person  who is  not licensed under this
   act  , 

21
      who advertises his OR HER business to be that of a private secur-

22
      ity guard or SECURITY ALARM agency, irrespective of the name or

23
      title actually used, is guilty of a misdemeanor PUNISHABLE BY A

24
      FINE OF NOT MORE THAN $1,000.00.

25
           Sec. 25.  (1) A license granted under  the provisions of 

26
      this act may be renewed by the department upon application

27
       thereof  by the licensee  ,  and the payment of a renewal
   fee of



   06318'00 *
                                  23

 1
      $100.00 if  a person  AN INDIVIDUAL, $150.00 if a private

 2
      security guard firm, company, partnership, or corporation, or

 3
      $250.00 if  an  A SECURITY alarm system contractor, and filing of

 4
      a renewal surety bond in the amount  equivalent to that  speci-

 5
      fied in section 9.  of this act. 

 6
           (2) A renewal license shall be dated as of the expiration

 7
      date of the previously existing license.  For the renewal of a

 8
      license, the licensee shall submit an application in such form

 9
       as prescribed  PROVIDED by the department.  , and a license

10
      shall be issued forthwith, except that the  THE department may

11
      defer the renewal of license if there  are  IS AN uninvestigated

12
       complaints then  outstanding  against the licensee or if there

13
      is  ADMINISTRATIVE COMPLAINT OR a criminal complaint  then 
   pend-

14
      ing against the licensee OR A CRIMINAL CASE PENDING IN ANY COURT

15
      AGAINST THE LICENSEE.

16
           (3) The renewal application  shall  MUST be approved by the

17
      sheriff or chief of police and the prosecuting attorney, as

18
      required for an initial license.

19
           (4) A PERSON WHO FAILS TO RENEW A LICENSE ON OR BEFORE THE

20
      EXPIRATION DATE SHALL NOT ENGAGE IN ACTIVITIES REGULATED BY THIS

21
      ACT.  A PERSON WHO FAILS TO RENEW A LICENSE ON OR BEFORE THE

22
      EXPIRATION DATE MAY, WITHIN 30 DAYS AFTER THE EXPIRATION DATE,

23
      RENEW THE LICENSE BY PAYMENT OF THE REQUIRED LICENSE FEE AND A

24
      LATE RENEWAL FEE AS PRESCRIBED BY SECTION 9.  AN APPLICANT WHO

25
      FAILS TO RENEW MUST REAPPLY FOR A LICENSE UNDER SECTION 7.

26
           Sec. 29.  This act shall not require licensing of any

27
      private security  police  GUARDS employed for the purpose of



   06318'00 *
                                  24

 1
       guarding  PROTECTING the property and employees of their

 2
      employer and generally maintaining  plant  security for their

 3
      employer.  , provided however, that  HOWEVER, any person, firm,

 4
      or corporation maintaining a private security police organization

 5
      may voluntarily apply for licensing under this act.  When a pri-

 6
      vate security police employer described and defined in this sec-

 7
      tion provides the employee with a pistol for the purpose of pro-

 8
      tecting the property of the employer, such pistol shall be con-

 9
      sidered the property of the employer and the employer shall

10
      retain custody thereof, except during the actual working hours of

11
      the employee.  All such private security people shall be subject

12
      to the provisions of section  19, subsection (1)  19(1).  of this

13
      act. 

14
           Sec. 30.  Any  A private security police officer, as

15
       defined  DESCRIBED in section 29, who is properly licensed under

16
      this act  shall have  HAS the authority to arrest a person with-

17
      out a warrant as set forth for public peace officers in section

18
      15 of chapter  4  IV of  Act No. 175 of the Public Acts of 1927,

19
      being section 764.15 of the Compiled Laws of 1948  THE CODE OF

20
      CRIMINAL PROCEDURE, 1927 PA 175, MCL 764.15, when  such  THAT

21
      PRIVATE security police officer is on  his  THE employer's

22
      premises.  Such authority  shall be  IS limited to his OR HER

23
      hours of employment as a private SECURITY police officer and

24
       shall  DOES not extend beyond the boundaries of the property of

25
       his  THE employer  ,  and while  such 
   THE PRIVATE SECURITY

26
      POLICE officer is in the full uniform of  his  THE employer.





   06318'00 *
                                  25

 1
           Sec. 31.  Anyone  ANY PERSON requesting licensing under

 2
      this act  as provided  under section 29, or THE employee of

 3
       said  THE applicant, shall comply with training requirements as

 4
      prescribed by the department UNDER THIS ACT.

 5
           Sec. 32.  A  EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, A

 6
      licensee, manager, or employee of a licensee who violates this

 7
      act is guilty of a misdemeanor, punishable by imprisonment for

 8
      not more than 90 days or by a fine of not more than  $100.00 

 9
      $1,000.00, or both.

10
           Sec. 33.  (1) An  A SECURITY alarm system may not be

11
      installed or operated in this state unless the SECURITY ALARM

12
      system is  :  (a)  EITHER installed by  an  A SECURITY
   alarm

13
      system contractor licensed under this act  ; (b)  OR IS installed

14
      by the owner or occupant of a residence in his OR HER residence.

15
            (2) An alarm system installed in a commercial or public

16
      building shall utilize equipment and methods of installation

17
      equivalent to or exceeding minimum underwriter's laboratory,

18
      American national standards institute or any other nationally

19
      recognized testing laboratory requirements for the appropriate

20
      installation.

21
           (3) An alarm system installed in a residence shall utilize

22
      equipment equivalent to or exceeding minimum applicable

23
      underwriter's laboratory or American national standards institute

24
      requirements for household security alarm systems.

25
           (4) If the alarm system was installed prior to the effective

26
      date of this act, it shall be inspected and certified by an alarm





   06318'00 *
                                  26

 1
      system contractor licensed under this act within 6 months after

 2
      the effective date of this act. 

 3
           Enacting section 1.  Sections 28 and 35 of the private

 4
      security guard act of 1968, 1968 PA 330, MCL 338.1078 and

 5
      338.1085, are repealed.














































   06318'00 *          Final page.                          LBO