Bill Text: MI SB0186 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Occupations; security guards; regulation of security guard agencies; provide for in occupational code. Amends secs. 103 & 316 of 1980 PA 299 (MCL 339.103 & 339.316); adds art. 14A & repeals sec. 517 of 1980 PA 299 (MCL 339.517). TIE BAR WITH: SB 0187'17, SB 0188'17, SB 0189'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-03-29 - Referred To Committee On Regulatory Reform [SB0186 Detail]
Download: Michigan-2017-SB0186-Introduced.html
SENATE BILL No. 186
February 23, 2017, Introduced by Senator BOOHER and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 103 and 316 (MCL 339.103 and 339.316), section
103 as amended by 1994 PA 257 and section 316 as amended by 1998 PA
90, and by adding article 14A; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 103. (1) "Armed forces" means the Armed Forces of the
United States.
(2)
(1) "Board" means, in each article which deals
with a
specific occupation, the agency created in that article composed
principally of members of the regulated occupation. In all other
contexts, board means each agency created under this act.
(3) (2)
"Censure" means an
expression of disapproval of a
licensee's
or registrant's professional conduct.
, which The term
includes an expression of disapproval of professional conduct that
is not necessarily a violation of this act or a rule promulgated or
an order issued under this act.
(4) (3)
"Competence" means a
degree of expertise which that
enables
a person to engage in an occupation at a level which that
meets or exceeds minimal standards of acceptable practice for the
occupation.
(5) (4)
"Complaint" means an oral
or written grievance.
(6) (5)
"Controlled substance"
means a drug, substance, or
immediate
precursor as set forth in section 7212, 7214, 7216, 7218,
or
7220 of the public health code, Act No. 368 of the Public Acts
of
1978, being sections 333.7212, 333.7214, 333.7216, 333.7218, and
333.7220
of the Michigan Compiled Laws, not excluded pursuant to
section
7227 of Act No. 368 of the Public Acts of 1978, being
section
333.7227 of the Michigan Compiled Laws.that term as defined
in section 7104 of the public health code, 1978 PA 368, MCL
333.7104.
Sec. 316. (1) Unless otherwise provided in an article, a board
and the department shall develop an examination or test required by
an article. The board and the department in developing an
examination or test may adopt an examination or test prepared by
another agency if the board and the department determine that the
examination
or test serves as a basis for determining whether a
person
an individual has the knowledge and skills to perform an
occupation with competence.
(2) The material required by the board and the department to
develop an examination or test may be considered by the board in a
closed session, if the board meets the requirements of section 7 of
the open meetings act, 1976 PA 267, MCL 15.267.
(3)
A board and the department, in determining the form the
recommended
examination or test shall take, shall give special
emphasis
to an alternative form of testing which permits a person
to
demonstrate a special qualification a person may have which is
not
evident under a written examination, but which is related to an
occupation.
The alternative form of testing shall be structured to
give
weight to a person's experience, noninstitutional training,
and
innate skills and shall be flexible enough to enable a person
with
a mental or physical disability to demonstrate that the person
has
the requisite knowledge and skills.
ARTICLE 14A
Sec. 1421. As used in this article:
(a) "Disqualifying misdemeanor" means a misdemeanor that
involves any of the following:
(i) Dishonesty or fraud.
(ii) Unauthorized divulging or selling of information or
evidence.
(iii) Impersonation of a law enforcement officer or employee
of the United States, this state, or a political subdivision of
this state.
(iv) Illegally using, carrying, or possessing a dangerous
weapon.
(v) Two or more alcohol-related offenses.
(vi) A controlled substance under the public health code, 1978
PA 368, MCL 333.1101 to 333.25211.
(vii) An assault.
(viii) Criminal sexual conduct.
(b) "Patrol service" means roving on foot or in a vehicle, to
provide security for property by observation, direct or indirect
intervention, or both.
(c) "Principal license holder" means an individual designated
under section 1431.
(d) "Private security business and security alarm act" means
the private security business and security alarm act, 1968 PA 330,
MCL 338.1051 to 338.1092.
(e) "Security alarm system" means that term as defined in
section 2 of the security alarm systems act, MCL 338.2182.
(f) "Security alarm system provider" means a system provider
as that term is defined in section 2 of the security alarm systems
act, MCL 338.2182.
(g) "Security alarm systems act" means the security alarm
systems act, 2012 PA 580, MCL 338.2181 to 338.2187.
(h) "Security guard" means an individual who provides
protection for property on the premises of another as an agent or
employee of a security guard agency. The term includes an
individual engaged in patrol service.
(i) "Security guard agency" means a person, other than a
person described in section 1423(1), that is engaged in the
business of arranging for or providing any of the following:
(i) Security guards.
(ii) Patrol service.
Sec. 1423. (1) This article does not apply to any of the
following:
(a) A security alarm systems provider that has filed a
registration statement under the security alarm systems act.
(b) A private college security force or private security
police force that is subject to the private security business and
security alarm act.
(c) A person that is licensed as a professional investigator
under the professional investigator licensure act, 1965 PA 285, MCL
338.821 to 338.851.
(2) If a license to conduct business as a security guard
agency is issued to a person under this article, that licensee is
not required to obtain any other license to conduct the business as
a security guard agency from a municipality or political
subdivision of this state.
Sec. 1425. (1) Subject to subsection (3), the department shall
issue a license to conduct business as a security guard agency if
it is satisfied that the applicant, if the applicant is an
individual, or if it is satisfied that the principal license
holder, if the applicant is not an individual, meets all of the
following qualifications:
(a) Is at least 21 years of age.
(b) Graduated from high school or passed the general
educational development (GED) test or another graduate equivalency
examination approved by the department.
(c) Is of good moral character.
(d) Has not been convicted of either of the following:
(i) A felony.
(ii) Within the 5-year period preceding the date of
application, a disqualifying misdemeanor.
(e) Has not been adjudged insane, unless he or she has been
adjudged restored to sanity by court order.
(f) Meets any of the following:
(i) Was lawfully engaged in business as a security guard
agency in another state for a period of at least 3 years.
(ii) Was lawfully engaged as a security guard for a licensed
security guard agency for at least 4 years and has at least 4 years
of experience supervising security guards.
(iii) Was lawfully engaged in law enforcement employment as a
certified police officer on a full-time basis for at least 4 years
for a city, county, township, village, or state government or for
the United States government.
(iv) Is a graduate with a baccalaureate degree or its
equivalent in the field of police administration, criminal justice,
or industrial security from an accredited college or university;
and for a period of 2 years on a full-time basis was an employee of
a security guard agency or was engaged on his or her own account as
a security administrator or loss prevention manager in private
business.
(v) Served in the armed forces; while serving in the armed
forces, acted as a military police officer or in an equivalent job
classification for at least 2 years; was separated from that
service, and provides a form DD214 or DD215 or any other form
satisfactory to the department that demonstrates that he or she was
separated from that service, with an honorable character of service
or under honorable conditions (general) character of service; and
has, and provides with his or her application an affidavit signed
by a commanding officer, supervisor, or military superior with
direct knowledge of the applicant's service that he or she has,
entry-level experience in or basic knowledge of each of the
following:
(A) Enforcing rules, regulations, and guidelines.
(B) Providing security and physical protection.
(C) Area and site security operations.
(D) Overseeing prisoners and correctional facilities.
(E) Reconnaissance and surveillance.
(2) An application for a license as a security guard agency
under this article must contain at least all of the following:
(a) The applicant's name and the address of the applicant's
principal place of business.
(b) If the applicant is not the security guard agency, the
security guard agency's name and the address of the security guard
agency's principal place of business.
(c) The address of each location in this state, including any
branch offices in this state, at which the security guard agency
conducts or will conduct business.
(d) If applicable, the name of the individual designated by
the applicant or licensee as the principal license holder of the
security guard agency.
(3) The department shall not issue a license under this
article if the applicant does not provide the department with
proof, in the form of a certificate of insurance, that it has and
maintains a policy of liability insurance that is issued by an
authorized insurer, as defined in section 108 of the insurance code
of 1956, 1956 PA 218, MCL 500.108; names this state as an
additional insured; provides coverage in the amount of at least
$400,000.00 per occurrence; and requires the insurer to provide the
department with notice of cancellation of the policy at least 30
days before the effective date of the cancellation. A certificate
of insurance required under this subsection must state that the
policy meets all of these requirements.
(4) A person may bring an action on an insurance policy
described in subsection (3) in that person's own name to recover
damages suffered by reason of a wrongful act of the licensee or an
agent or employee of the licensee.
Sec. 1427. A license issued under this article is valid for 4
years.
Sec. 1429. (1) A licensee shall post its license in a
conspicuous place in the licensee's office.
(2) A licensee shall notify the department in writing of any
name or address change within 30 days after the date of the change.
Sec. 1431. (1) A licensee that is not an individual, or an
applicant that is applying for a license on behalf of a person that
is not an individual, as applicable, shall designate an individual
as the principal license holder of that licensee. Subject to
subsections (3), (4), and (5), a licensee must continuously
maintain a designated principal license holder.
(2) An individual designated as a licensee's principal license
holder is authorized to act on behalf of the licensee for purposes
of this article.
(3) If its principal license holder is no longer authorized to
act in that capacity on the licensee's behalf, or is no longer
available to act in that capacity for any reason, the licensee
shall designate a different individual, who meets the requirements
of section 1425(1), as its principal license holder and shall do
all of the following within 10 days after it makes that
designation:
(a) Provide written notice to the department that it has
designated a different individual as its principal license holder.
(b) Provide to the department the name of that individual and
any other information about that individual that is reasonably
required by the department.
(4) If a licensee designating a different individual as its
principal license holder does not comply with subsection (3), or
the department does not approve of the designation of that
individual as the licensee's principal license holder, the
department shall notify the licensee of its disapproval. Within 30
days after receiving that notification, the licensee shall
designate another individual under subsection (3) and meet the
requirements of this section for approval of that individual by the
department as its principal license holder.
(5) If a security guard agency is required to have a principal
license holder under this section, the security guard agency's
license under this article is automatically suspended during any
period of time the licensee has not designated a principal license
holder and notified the department of that designation. However, on
request, the department may permit the license to stay in force for
60 days to allow the licensee to designate a principal license
holder.
Sec. 1433. (1) A licensee shall not employ an individual that
does not meet all of the following:
(a) Meets the qualifications described in section 1425(1)(d)
and (e).
(b) Meets either of the following:
(i) Is at least 18 years old and graduated from high school or
passed the general educational development (GED) test or another
graduate equivalency examination approved by the department.
(ii) Is at least 21 years old.
(2) A licensee shall maintain and keep in this state adequate
and complete personnel information on all of its employees.
(3) A licensee shall not falsely state or represent that an
individual is or has been in the licensee's employ. A licensee that
violates this subsection is subject to the penalties under article
6.
Sec. 1435. (1) A licensee shall not allow an individual who is
convicted of a felony or a disqualifying misdemeanor while in the
employ of the licensee as a security guard to continue that
employment.
(2) A licensee shall cause fingerprints to be taken of himself
or herself, if the licensee is an individual, of the principal
license holder if the licensee is not an individual, and of all
prospective employees it intends to hire as direct providers of the
licensee's security services. The licensee shall ensure that those
fingerprints are submitted to the department of state police and
the Federal Bureau of Investigation for a state and national
criminal history background check, accompanied by a fingerprint
processing fee in the amount required under section 3 of 1935 PA
120, MCL 28.273, and any fees imposed by the Federal Bureau of
Investigation. The licensee shall obtain a complete and signed
employment application from each individual for whom a criminal
history background check is requested and conducted. The licensee
shall retain each employment application for at least 1 year from
the date the licensee obtains it and provide a copy of it to the
department on request. The licensee shall ensure that all completed
fingerprint background check request forms are submitted to the
department after fingerprinting is completed. The department shall
use the results of the state criminal history background check, and
the national criminal history background check as returned by the
Federal Bureau of Investigation to the department of state police,
to make a fitness determination. A licensee shall not employ an
individual as a direct provider of its security services before
submitting that individual's fingerprints to the department of
state police.
(3) If the taking of fingerprints is required under subsection
(2), a law enforcement agency or any other person determined by the
department of state police to be qualified may take those
fingerprints. If a licensee takes the fingerprints, that licensee
must first obtain training in taking fingerprints from the
department of state police or a law enforcement agency or other
person that the department of state police determines is qualified
to take fingerprints.
(4) The department of state police shall store and maintain
all fingerprints submitted under this section in an automated
fingerprint identification system database that provides for an
automatic notification when a subsequent criminal arrest
fingerprint card submitted into the system matches a set of
fingerprints previously submitted under this section. If there is a
match, the department of state police shall immediately notify the
department. If the Federal Bureau of Investigation implements a
similar automatic notification system, the department of state
police shall forward notifications from that system to the
department.
(5) A licensee may submit an electronic request to the
department of state police for a provisional background check of a
prospective employee the licensee intends to hire as a direct
provider of its security services based on a name check. The
licensee shall obtain a complete and signed employment application
for each individual for whom a name check is requested and
conducted. The licensee shall retain each employment application
for at least 1 year from the date of its submission. The department
of state police shall conduct the provisional background check
within 3 days after it receives the electronic request from a
licensee accompanied by a fee in the amount required under section
3 of 1935 PA 120, MCL 28.273. A licensee may employ an individual
who receives provisional clearance based on the name check as a
security guard, for a period of time that does not exceed 90 days,
pending final clearance based on the fingerprint check required
under subsection (2). If an approval is once denied, the licensee
may not again employ that individual as a direct provider of its
security services unless the licensee receives an approved
fingerprint clearance for that individual. A licensee or employee
of a licensee who uses a provisional name check or results of a
provisional 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.
(6) The department of state police may enter into an agreement
with a licensee for the payment of fees imposed under this section.
Sec. 1437. (1) A licensee shall not wear or allow an employee
to wear a particular type of uniform and insignia that deceives or
confuses the public, or that is identical with that of a law
enforcement officer of the federal government, this state, or a
political subdivision of this state. Each uniform jacket, coat, or
shirt worn by a licensee or its employees shall have an
identification patch on each shoulder that includes the name of the
licensee. A shoulder identification patch described in this
subsection may be any color or colors, must be at least 12 square
inches in size, and may not be in the shape of a shield or any
shape that is used by any public law enforcement agency in this
state. A breast patch of any color shall be at least 4-1/2 inches
long and 1 inch high, with clearly legible lettering containing the
words "security", "security guard", or "loss prevention". Shirt
epaulets may be any color.
(2) A licensee or employee of a licensee may wear a badge or
shield as part of a security guard uniform. A badge or shield shall
not be similar in shape to that of any law enforcement officer of
the federal government, this state, or a political subdivision of
this state. A badge or shield may contain the flag of the United
States of America or the scale of justice. A uniform may include
designations of rank, emblems, or other garnishments that may be
any color, except that they shall not bear the seal of the state of
Michigan.
(3) If a licensee considers alternative apparel to be more
appropriate for a location or event, the licensee may authorize
either of the following in place of a uniform described in this
section:
(a) Dress slacks and shirt with a blazer. The blazer must bear
an emblem or a crest on the left breast that includes the full name
of the licensee. The emblem or crest may be any color.
(b) Dress slacks with a button-down polo shirt. The shirt must
bear an emblem or a crest on the left breast that includes the full
name of the licensee. The polo shirt may include lettering on the
back with the words "security" or "loss prevention".
(4) In inclement weather, a licensee or employee may wear a
vinyl raincoat over a uniform described in this section. A licensee
or employee may wear a uniform hat or cap with the uniform. The hat
or cap may bear an emblem that does not include the state of
Michigan seal.
(5) A licensee shall not wear or allow an employee to wear a
uniform, badge, or insignia described in this section, except in
the performance of his or her duties as a security guard or while
commuting directly to or from his or her place or places of
employment.
Sec. 1439. (1) A licensee that employs or engages an
individual to provide services as a security guard directly to the
licensee's customers shall ensure that all of the following are
met:
(a) Before he or she acts as a security guard without direct
supervision, the individual completes at least 12 hours of on-the-
job, site-specific training under the immediate supervision of an
experienced supervisor.
(b) In the first 90 days of his or her employment, the
individual completes at least 12 hours of classroom training,
selected by the licensee, that meets the requirements of subsection
(2).
(c) Before he or she is authorized by the licensee to use a
weapon or restraint device while on duty, he or she completes the
following required training:
(i) For an aerosol spray or conducted energy device, any
manufacturer-authorized certification in the use of the device for
security or law enforcement personnel. The licensee shall ensure
that the individual maintains that certification at all times while
he or she is employed or engaged by the licensee to provide
services as a security guard.
(ii) For a tactical baton, 4 class hours of training selected
by the licensee.
(iii) For a restraint device, 2 class hours of training
selected by the licensee.
(iv) For a firearm, at least 24 hours of firearm range and
classroom training that includes at least 16 hours of firearm range
training and at least 4 hours of firearm classroom training.
However, this subparagraph does not apply to an individual who has
completed equivalent training and who served in the armed forces or
is a retired law enforcement officer. As used in this subparagraph,
"equivalent training" means training that meets or exceeds the
minimum training standards described in this subparagraph within
the last 2 years.
(d) The individual annually completes at least 4 hours of
firearms training if the licensee has authorized him or her to use
a firearm while on duty.
(e) Every 2 years, the individual completes at least 4 hours
of continuing classroom training in the subjects described in
subsection (2)(a) to (c); in the use of a tactical baton if the
licensee has authorized him or her to use a tactical baton while on
duty; and in the use of a restraint device if the licensee has
authorized him or her to use a restraint device while on duty.
(f) Before he or she is authorized by the licensee to use a
firearm while on duty, he or she provides proof that is
satisfactory to the licensee that he or she possesses a license to
carry a concealed pistol under 1927 PA 372, MCL 28.421 to 28.435.
(2) The classroom training described in subsection (1) shall
include, but not be limited to, the following subjects:
(a) A minimum of 6 hours of company and position orientation
that includes minimum uniform requirements and appearance; limits
of authority and employment; legal aspects of the use of force and
the power to arrest; persons or authorities to be contacted in
emergencies or unusual occurrences; licensee or parent company
structure that affects guards' duties; guard courtesy and public
demeanor; and report writing.
(b) A minimum of 4 hours involving defensive tactics that
include self-defense; pressure point training; detection of
substance abuse and mental illness; and verbal and sensitivity
training.
(c) A minimum of 2 hours regarding emergency preparedness that
includes the general responsibilities pertaining to medical
emergencies and response; first aid and cardiopulmonary
resuscitation, and foreign body obstruction of the airway; crowd
control; exposure to bodily fluid; fire prevention and safety; bomb
threats; searches; weather emergencies; chemical spills, leaks, and
related waste; and evacuation procedures.
(3) A licensee shall prepare and retain a record of an
individual's completion of the training described in this section
and make that record available to the department on request.
Sec. 1441. A licensee shall not use any designation or trade
name that implies any association with any municipal, county, or
state government, with the federal government, or with an agency of
the federal government.
Sec. 1443. (1) This article does not impair or affect any act
done, offense committed, or right accruing, accrued, or acquired or
any penalty, forfeiture, or punishment incurred before the
effective date of this act.
(2) A license that was issued under the private security
business and security alarm act and is currently in effect on the
date of the amendatory act that added this article shall remain in
effect for the time period for which that license would have
remained in effect if this article had not been enacted; and that
licensee is not required to obtain a license under this article to
conduct business as a security guard agency during that time
period.
(3) R 28.4001 to R 28.4007 of the Michigan Administrative Code
are rescinded.
Enacting section 1. Section 517 of the occupational code, 1980
PA 299, MCL 339.517, is repealed.
Enacting section 2. This amendatory act takes effect January
1, 2018.
Enacting section 3. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No. 189.
(b) Senate Bill No. 188.
(c) Senate Bill No. 187.
