SB-1292, As Passed Senate, September 27, 2012

 

 

 

 

 

 

 

 

 

 

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:

 

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

 

communication system. or a

 

     (b) A fire alarm system. or an

 

     (c) 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.

 

     (d) A system that is not monitored by a central monitoring

 

station and does not set off an audible alarm.

 

     (e) An IP-enabled system as defined in section 2 of the

 

internet protocol-enabled premises, security, monitoring, and

 

control act.

 

     (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 internet

 

protocol-enabled premises security, monitoring, and control act,

 

that is registered under the internet protocol-enabled premises

 

security, monitoring, and control act is not subject to this act.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 1291 or House Bill No.____ (request no.


 

06432'12) of the 96th Legislature is enacted into law.