TRAINING FOR SECURITY GUARDS
House Bills 4692 and 4693
Sponsor: Rep. Larry Julian
House Bills 4694 and 4695
Sponsor: Rep. Irma Clarke
Committee: Criminal Justice
Complete to 8-24-01
A SUMMARY OF HOUSE BILLS 4692-4695 AS INTRODUCED 5-1-01
The bills would amend various acts to, among other things, standardize training for private security guards and private security police, create the Security Provider Advisory Commission, and increase the fee for a certificate of license. House Bills 4692 and 4693 are tie-barred to each other, and House Bills 4694 and 4695 are tie-barred to each other. Currently, the Private Security Business and Security Alarm Act defines a "private security guard" as an individual or an employee of an employer who offers, for hire, to provide protection of property on the premises of another. The act defines "private security police" as that part of a business organization primarily responsible for the protection of property on the premises of the business organization. Specifically, the bills would do the following:
House Bill 4692 would amend the Private Security Business and Security Alarm Act (MCL 338.1059, 338.1067, and 338.1075) to require the Department of State Police (DSP) to consider the training requirements recommended by the Commission on Law Enforcement Standards (established under Section 9 of the Commission on Law Enforcement Standards Act) which establishes law enforcement officer minimum standards. The bill would require the department to adopt training requirements acceptable to the director of the DSP by rule or as otherwise provided by law. Further, if private security guards or private security police carry or possess a concealed pistol during the course of their employment, they would be required to complete and successfully pass a pistol training or safety program that meets or exceeds the pistol training or safety program prescribed in Section 5j of Public Act 372 of 1927 (MCL 28.425j).
Further, the bill would increase fees for certificates of license and license renewals. A certificate of license for a person would increase from $200 to $500, and the renewal fee would increase from $100 to $400; for a private security guard firm, company, partnership, or corporation, the license fee would increase from $300 to $500, and the renewal fee would increase from $150 to $1,000; and, the license fee for a security alarm system contractor would increase from $300 to $500, and the renewal fee would stay the same as the current fee of $250. A private security guard branch office license fee would increase from $50 to $200 for each location, and a security guard alarm system contractor branch office license would remain at $100 for each location.
House Bill 4693 would amend the Commission on Law Enforcement Standards Act (MCL 28.609 and 28.613) to require the commission, among its other duties, to promulgate rules with
respect to the training standards for private security guards and private security police licensed under the Private Security Business and Security Alarm Act, or persons acting as private security guards or private security police who are exempt from licensure under Section 4 of that act. (Currently, the commission is charged with promulgating rules to establish law enforcement officer minimum standards.)
The Law Enforcement Standards Act created a law enforcement officers training fund within the state treasury. The bill would specify that the state treasurer could receive money or other assets from appropriations or from other sources for deposit into the fund. The treasurer would have to direct investment into the fund and credit the interest and earnings from fund investments to the fund. Money remaining in the fund at the end of a fiscal year would have to remain in the fund and not lapse to the general fund.
House Bill 4694 would also amend the Private Security Business and Security Alarm Act (MCL 338.1067). The bill would create the Security Provider Advisory Commission within the Department of State Police (DSP). Commission membership would comprise individuals from the public and private sectors as determined by the director of the DSP; one member would have to be chosen from the membership of the Commission on Law Enforcement Standards. The purpose of the commission would be to establish minimum mandatory training standards for private security guards, private security police, and private detectives licensed under the Private Detective License Act who are acting as private security guards or private security police but are exempt from licensure under Section 4.
The commission would have to establish the training standards not later than six months after the commission was created and could recommend the adoption of the standards by the director of the DSP. The commission would have to convey a copy of the training standards to the director as soon as they were developed. Within one month of receiving the commission's training standards, the director would have to consider any recommendation of the commission and then decide whether or not to adopt the training standards, either in whole or in part, by rule or as otherwise provided by law.
House Bill 4695 would amend the Private Detective License Act (MCL 338.824a) to require a licensed private detective acting as a private security guard or private security police to comply with the training requirements imposed under the Private Security Business and Security Alarm Act.
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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.