Bill Text: MI SB0163 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Occupations; alarm systems; act requiring registration of security alarm providers; exclude security guard agencies responding to alarms. Amends sec. 2 of 2012 PA 580 (MCL 338.2182). TIE BAR WITH: SB 0161'15, SB 0162'15, SB 0164'15
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2015-03-18 - Referred To Committee On Regulatory Reform [SB0163 Detail]
Download: Michigan-2015-SB0163-Engrossed.html
SB-0163, As Passed Senate, March 18, 2015
SENATE BILL No. 163
February 25, 2015, Introduced by Senators BOOHER and JOHNSON and referred to the Committee on Regulatory Reform.
A bill to amend 2012 PA 580, entitled
"Security alarm systems act,"
by amending section 2 (MCL 338.2182).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Alarm system" means any mechanical or electrical device,
including an electronic access control system, a video monitoring
system, a burglar alarm system, smoke detectors, or any other
electronic system that is designed to emit an audible alarm or
transmit a signal or message to a central monitoring station if it
is activated and that is used to detect an unauthorized entry into
a protected premises or alert other persons of the occurrence of a
fire or medical emergency or the commission of an unlawful act
against a person or in a protected premises. The term includes, but
is not limited to, a silent, panic, holdup, robbery, duress,
burglary, medical alert, or proprietor alarm that signals a central
monitoring station.
(b) "Applicant" means a person for which a registration
statement is filed under section 3.
(c) "Background check" means a criminal history check
administered by a public or private entity that examines federal
and state government records in a manner that allows for the
successful identification of the criminal offenses listed in
section 4(3)(c).
(d) "Department" means department of licensing and regulatory
affairs.
(e) "Local unit of government" means a city, county, village,
or township, or a special district designated by law that exercises
limited government powers or powers in respect to limited
government subjects.
(f) "Operator" means an employee or independent contractor who
performs alarm operator, dispatcher, or monitor functions for a
security alarm system at a central monitoring station. The term
does not include a system user who receives signals or messages
about his or her own security alarm system.
(g) "Person" means an individual, partnership, corporation,
limited liability company, or other legal entity.
(h) "Protected premises" means a location at or in which a
system user's security alarm system is installed and maintained.
(i) "Registrant" means a person that is registered by the
department as a system provider.
(j) "Registration" means a registration that is issued by the
department.
(k) "Remote monitoring" means the retransmission of
information received from a security alarm system to a central
monitoring system.
(l) "Security alarm system" means a detection device or an
assembly of equipment and devices that transmits signals to a
central monitoring station and is arranged to signal the presence
of a hazard that requires urgent attention or to which police are
expected to respond. The term includes any electronic system that
transmits signals to a central monitoring station and monitors or
records various components designed to detect or prevent
burglaries, intrusions, theft, or robbery of the protected
premises, including, but not limited to, an intrusion detection
system, video monitoring or recording system, access control
system, and 1-way or 2-way audio monitoring systems. The term does
not include a fire alarm system or an alarm system that monitors
temperature, humidity, or other condition that is not directly
related to the detection or prevention of burglaries, intrusions,
theft, or robbery of the protected premises.
(m) "System provider" means a person that engages in the
business of selling, leasing, renting, maintaining, repairing,
installing, or otherwise providing security alarm systems to the
public at the protected premises or by remote monitoring. The term
does not include any of the following:
(i) A person that purchases, rents, or uses an alarm system
that is affixed to a motor vehicle.
(ii) A person that owns or conducts a business of selling,
leasing, renting, installing, maintaining, or monitoring an alarm
system that is affixed to a motor vehicle.
(iii) An alarm system that is operated by this state, a
political subdivision of this state, an agency or department of
this state or a political subdivision of this state, or any other
governmental agency or department.
(iv) A person that installs a nonmonitored alarm system for a
business that the person owns, is employed by, or manages.
(v) A person that only manufactures or sells security alarm
systems, unless that person services, installs, monitors, or
responds to signals from security alarm systems at the protected
premises.
(vi) A person that sells security alarm systems that are
designed to be installed and monitored by any of the following:
(A) The customer, and not the person selling the security
alarm system.
(B) An affiliate of or contractor to the person selling the
security alarm system if the affiliate or contractor that installs
at the protected premises or monitors the security alarm system is
registered under this act.
(vii) A security alarm system contractor, as defined in section
2 of the private security business and security alarm act, 1968 PA
330, MCL 338.1052, that is required to obtain a license under that
act.
(viii) A security guard agency that is licensed under article
14A of the occupational code, 1980 PA 299, MCL 339.1421 to
339.1443, and whose employees or agents use client-installed
equipment or equipment installed by a system provider that is
registered under this act for the purpose of protecting the
personnel and property of a client of the security guard agency. As
used in this subparagraph:
(A) "Equipment" includes, but is not limited to, access
control equipment; video surveillance and recording equipment;
audio communication equipment; intrusion detection and prevention
equipment; and automated barriers.
(B) "Normal end user functions" includes, but is not limited
to, video and alarm monitoring; retrieving video history for use by
a client, security, or law enforcement; allowing or denying entry
to individuals or vehicles by controlled access equipment;
maintaining databases; or audio communication. Normal end user
functions may be performed on-site or from a remote facility of a
client.
(C) "Use" means only normal end user functions and capability
that is installed or provided by a system provider to a client.
(ix) A security guard agency that is licensed under article 14A
of the occupational code, 1980 PA 299, MCL 339.1421 to 339.1443,
and whose employees or agents respond to burglar, fire, or
supervisory alarms for the purpose of securing the property and
ensuring the safety of individuals in or on that property. As used
in this subparagraph, "respond" may include reviewing alarm
history, resetting the alarm, and, if authorized, performing other
normal end-user tasks including bypassing a protected zone if
necessary to reset the alarm system.
(n) "System user" means a person that uses a security alarm
system at a protected premises or remotely.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No.161.
(b) Senate Bill No.164.
(c) Senate Bill No.162.
