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 and 18 (MCL 338.1052 and 338.1068), as
amended by 2002 PA 473.
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. 18. (1) A licensee shall not knowingly employ any person
who fails to meet the requirements of section 17.
(2) The licensee shall cause fingerprints to be taken of all
prospective employees who are direct providers of the security
business in or on buildings or land owned or occupied by the state
of Michigan, the federal government, or a local unit of government,
which fingerprints shall be submitted to the department of state
police and the federal bureau of investigation for a state and
national criminal history background check. The fingerprints shall
be accompanied by a fingerprint processing fee in the amount
prescribed by section 3 of 1935 PA 120, MCL 28.273, as well as any
fees imposed by the federal bureau of investigation. The results of
the national criminal history background check as returned by the
federal bureau of investigation to the department of state police
shall be used by the department to make a fitness determination. A
licensee shall not employ a person who is a direct provider of the
security business before submitting fingerprints to the department
of state police.
(3) The fingerprints required to be taken under subsection (2)
may be taken by a law enforcement agency or any other person
determined by the department of state police to be qualified to
take fingerprints. If a licensee takes the fingerprints, that
licensee shall obtain training in taking fingerprints from the
department of state police or a law enforcement agency or other
person determined qualified by the department of state police.
(4) A licensee shall request the department of state police to
conduct a background check of each prospective employee who is a
direct provider of the security business in or on buildings or land
owned or occupied by the state of Michigan, the federal government,
or a local unit of government based upon a name check. The licensee
shall obtain a complete and signed employment application for all
individuals for whom a name check is requested and conducted. The
employment application shall be retained for at least 1 year from
the date of its submission. The department of state police shall
conduct the background check upon a written, electronic, or
telephonic request of a licensee accompanied by a fee of $15.00.
The background check shall be conducted not later than 3 days after
the date a written request is made and not later than 24 hours
after a telephonic or electronic request is made. Provisional
clearance based on the name check shall allow the employee to be
employed as a security guard, for a period of time not to exceed 90
days, pending final clearance based upon a fingerprint check as
provided for in subsection (2). If an approval is once denied, that
individual may not again be employed as a direct provider of the
security business in or on buildings or land owned or occupied by
the state of Michigan, the federal government, or a local unit of
government by the submitting licensee except upon receipt of an
approved fingerprint clearance. A licensee or employee of a
licensee who uses a name check or results of a name check for
purposes other than prospective employment is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days, a
fine of not more than $1,000.00, or both.
(5) The department of state police may enter into an agreement
with a licensee for the payment of fees imposed pursuant to this
act.
(6) Any employee who, upon demand, fails to surrender to the
licensee his or her identification card and any other property
issued to him or her for use in connection with his or her
employer's business is guilty of a misdemeanor.