SB-1292, As Passed House, December 5, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1292

     A bill to amend 1968 PA 330, entitled

"Private security business and security alarm act,"

by amending section 2 (MCL 338.1052), as amended by 2010 PA 68.

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 commission on law

enforcement standards act, 1965 PA 203, MCL 28.603.

     (b) "Department" means the department of energy, labor, and

economic growth licensing and regulatory affairs, except that in

reference to 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) "Licensee" means a sole proprietorship, firm, company,

partnership, limited liability company, or corporation person

licensed under this act.

     (e) "Person" means an individual, limited liability company,

corporation, or other legal entity.

(f) (e) "Private college security force" means a security

force created authorized under section 37.

(g) (f) "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.

(h) (g) "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, but does not include a private college

security force.

(i) (h) "Security alarm system" means a detection device or an

assembly of equipment and devices that is arranged to signal the

presence of a hazard requiring that requires urgent attention or to

which police are expected to respond 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 a any of the following:

     (i) A video signal that is not transmitted over a public

communication system. or a

     (ii) A fire alarm system. or an

     (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.

(j) (i) "Security alarm system agent" means a person an

individual 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.

(k) (j) "Security alarm system contractor" means a sole

proprietorship, firm, company, partnership, limited liability

company, or corporation person 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 a protected premises.

(l) (k) "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 that provide 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 subject to this

act.

     (3) A communications common carrier providing that provides

communications channels under tariffs for the transmission of

signals in connection with an alarm system is not subject to this

act.

     (4) Railroad policemen A railroad policeman who is appointed

and commissioned under the railroad code of 1993, 1993 PA 354, MCL

462.101 to 462.451, are exempt from is not subject to this act.

     (5) A system provider, as defined in section 2 of the security

alarm systems act, that is registered under the security alarm

systems act, is not subject to this act.

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 1291 of the 96th Legislature is enacted into

law.