June 16, 2005, Introduced by Reps. Mortimer, Hildenbrand, Hune, Gaffney, Nofs, Stahl, Marleau, Acciavatti, Mayes and Sheltrown 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 section 17 (MCL 338.1067), as amended by 2002 PA 473.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17. (1) A licensee may employ as many persons as he or
she considers necessary to assist him or her in his or her work of
security alarm system contractor, private security police, or
private security guard and in the conduct of his or her business,
and at all times during the employment is accountable for the good
conduct in the business of each person so employed.
(2) Employees in the employ of a licensee after March 28, 2001
shall meet the qualifications outlined in section 6(1)(c), (e),
(j), and (k), be at least 18 years of age, and have had at least an
eighth grade education or its equivalent. An employee in the employ
of a licensee on or before March 28, 2001 shall meet the
qualifications outlined in section 6(1)(d), (e), (j), and (k), be
at least 18 years of age, and have had at least an eighth grade
education
or its equivalent. Employees hired by a licensee after
the
effective date of the amendatory act that added this sentence
October 1, 2002 shall meet the qualifications outlined in section
6(1)(c), (e), (j), and (k), be at least 18 years of age, and have
at least a high school diploma, a GED, or its equivalent.
(3) A licensee shall keep and maintain in this state adequate
and complete personnel information on all persons employed by him
or her. A complete employee roster in a manner described by the
department shall be filed with the department by each licensee on a
quarterly basis. The rosters must be filed with the department by
April 15, July 15, October 15, and January 15 for the preceding
quarter. Failure to submit accurate rosters shall be cause for
suspension
of the license. A The
department shall not process a
renewal
application shall not be processed if
the quarterly
roster has not been received for each quarter of the preceding 2-
year license period.
(4) The holder of a private security guard license shall
provide employees who are direct providers of security services and
who are hired on or after the effective date of the amendatory act
that added this subsection at least 8 clock hours of preemployment
training, in the subject matter described in subsection (5) and
acceptable to the department, before placement at a job site.
(5) Preemployment training shall be in the following subject
matter areas:
(a) State laws, rules, and regulations pertaining to security
guards and security police, including uniform requirements.
(b) Weapons and equipment.
(c) Origin and limitation for security guards and security
police.
(d) Search and seizure issues under the state and federal
constitutions, case law, and state statute.
(e) Overlapping and separation or responsibilities of law
enforcement officers and security personnel.
(f) Civil liability regarding the security business.
(g) Communication skills.
(h) Professionalism and attitude.
(i) Defensive tactics.
(j) Verbal de-escalation.
(k) Report writing.
(l) Basic patrol duties.
(m) Emergency response.
(n) Biohazards.
(o) Bomb threats.
(p) Weather.
(q) Evacuation.
(r) Fire prevention.
(6) The department shall, by rule, develop or adopt by
reference, or both, preplacement training programs in the subject
matter areas described in subsection (5). The department may adopt
by reference in rule any existing applicable preemployment training
programs offered by the Michigan contract security association or
other entity considered acceptable to the department.
(7) Employees who are direct providers of security services
who were hired on or after the effective date of the amendatory act
that added this subsection shall participate in and successfully
complete, not later than 90 days after accepting employment, an on-
the-job training program complying with this subsection. The
training program offered by the Michigan contract security
association, certified employee training program, as it exists on
the effective date of the amendatory act that added this
subsection, is adopted by reference. If that program is
superseded, amended, updated, or supplemented, the department may
adopt those changes by rule. The licensee shall note in the
employee's personnel file and in the roster described in subsection
(3) the successful completion of the on-the-job training program.
(8) Instructors conducting the training under subsections (5)
and (7) shall be approved by the department. The standards for
instructor training offered by the Michigan contract security
association as they exist on the effective date of the amendatory
act that added this subsection are adopted by reference.
(9) The subject matter of the preplacement and on-the-job
training programs may be offered by a high school, intermediate
school district, community college, university, trade association,
or other entity approved by the department as meeting the subject
matter and instructional qualifications described in subsections
(6), (7), and (8). The department shall accept clock hours or
equivalent credits for any courses offered by a high school,
intermediate school district, community college, university, trade
association, or other entity offering the courses described in this
subsection that are approved by the department and in compliance
with subsections (6), (7), and (8).
(10) Within 5 calendar days after completion of a presentation
of a preplacement or on-the-job training program, the provider
shall submit to the licensee with whom the attendee is employed the
names of the attendees who successfully completed the program, and
the licensee shall include the information on the employee roster.
Failure of the provider to submit the names of attendees is grounds
for disqualification by the department to continue as a provider of
the training program. The licensee shall monitor all employees'
participation in the courses mandated by this section and shall
suspend the employment of an employee not meeting the training
requirements of this section until such time as the training
requirements are fulfilled.
(11) Failure of a licensee to enforce and monitor the training
requirements of this section is grounds for suspension or
revocation of its license.
(12) A provider of training under this section is immune from
civil liability for damages to any person or property caused by the
individual who was trained. This subsection does not apply if the
provider was grossly negligent. This subsection is in addition to
and not in lieu of immunity otherwise provided by law.
(13) (4)
If a licensee falsely states or represents that a
person is or has been in his or her employ, the false statement or
representation is sufficient cause for the revocation of the
license.
(14) (5)
A person shall not falsely do 1 or more of the
following:
(a) Falsely state or represent that he or she is an agent of a
licensed security alarm system contractor, private security police
officer, or private security guard.
(b) Provide or offer to provide services as a private security
guard without being licensed under this act or exempt from
licensure under this act.
(15) A person who violates this subsection
(14) is guilty of
a misdemeanor
felony punishable by imprisonment for not more
less
than 93 days 2 years or
a fine of not more than $500.00
$5,000.00, or both.
(16) As used in this section, "clock hours" means a period of
not fewer than 50 minutes of actual classroom instruction, not
including outside assignments and reading.
Enacting section 1. This amendatory act takes effect 180 days
after the date it is enacted.