Bill Text: MI SB0239 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Occupations; alarm systems; alarm contractor act; revise. Amends title & secs. 1, 2, 3, 4, 5, 6, 9, 16, 17, 18, 19, 22, 25, 26 & 29 of 1968 PA 330 (MCL 338.1051 et seq.) & repeals secs. 27, 30 & 31 of 1968 PA 330 (MCL 338.1077 et seq.). TIE BAR WITH: SB 0241'11
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-08 - Referred To Committee On Regulatory Reform [SB0239 Detail]
Download: Michigan-2011-SB0239-Introduced.html
SENATE BILL No. 239
March 8, 2011, Introduced by Senator BOOHER 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 the title and sections 1, 2, 3, 4, 5, 6, 9, 16, 17, 18,
19, 22, 25, 26, and 29 (MCL 338.1051, 338.1052, 338.1053, 338.1054,
338.1055, 338.1056, 338.1059, 338.1066, 338.1067, 338.1068,
338.1069, 338.1072, 338.1075, 338.1076, and 338.1079), the title
and sections 2, 3, 4, 9, 17, 19, 25, and 29 as amended by 2010 PA
68, sections 1 and 22 as amended by 2000 PA 411, and sections 6 and
18 as amended by 2002 PA 473; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to license and regulate private security guards,
private
security police, private security guard agencies alarm
contractors and agencies, private college security forces, and
security alarm systems servicing, installing, operating, and
monitoring; to provide penalties for violations; to protect the
general public against unauthorized, unlicensed, and unethical
operations
by individuals engaged in private security activity or
security alarm systems sales, installations, service, maintenance,
and operations; to establish minimum qualifications for individuals
as
well as private agencies engaged in the security business and
security alarm systems and operations; to impose certain fees; to
create
certain funds; and to prescribe certain powers and duties of
certain private colleges and certain state departments, agencies,
and officers; and to prescribe remedies and penalties.
Sec. 1. This act shall be known and may be cited as the
"private
security business and "security alarm act".
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 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, partnership, limited
liability company, corporation, or other legal entity.
(f) (e)
"Private college security
force" means a security
force created under section 37.
(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.
(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.
(g) (h)
"Security alarm system"
means a detection device or an
assembly of equipment and devices arranged to signal the presence
of
a hazard requiring that
requires 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.
(h) (i)
"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.
(i) (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.
(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 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.
3. (1) Unless licensed under this act, a sole
proprietorship,
firm, company, partnership, limited liability
company,
or corporation person shall not engage in the business of
security
alarm system contractor , private security guard, private
security
police, or private college security force. ,
patrol
service,
or an agency furnishing those services. A person , firm,
company,
partnership, limited liability company, or corporation
shall not advertise its business to be that of security alarm
system
contractor , or
security alarm system agent ,
private
security
guard agency, or an agency furnishing those services
without
having unless it has first obtained from the department a
license to do so for each office and branch office to be owned,
conducted, managed, or maintained for the conduct of that business.
(2) A person shall not sell, install, operate, adjust, arrange
for,
or contract to provide a device which upon activation that
when activated, either mechanically, electronically, or by any
other means, initiates the automatic calling or dialing of, or
makes a connection directly to, a telephone assigned to a public
service, utility, or police agency, for the purpose of delivering a
recorded message, without first receiving written permission from
that service, utility, or agency.
(3) A person who violates this section is guilty of a felony
punishable by imprisonment for not more than 4 years or a fine of
not more than $1,000.00, or both.
Sec. 4. The department may issue separate licenses to security
alarm
system contractors , and
private college security forces. ,
private
security police, and private security guard agencies. This
section does not prevent a private detective or private
investigator licensed under the professional investigator licensure
act, 1965 PA 285, MCL 338.821 to 338.851, from performing the
services of
a private security guard or private security police
except
that a private security guard or private security police may
not
perform the services of a private detective or private
investigator
without obtaining a private detective or private
investigator
license within the scope of
his or her practice that
may involve activities regulated by this act.
Sec.
5. The department, upon If
it receives a proper
application
and upon being is satisfied that the applicant is
qualified, the department shall issue the applicant a license to
conduct
business as an a security alarm system contractor or a
private
security guard or agency for a
period of 2 years from date
of
issuance. Upon the issuance of If
a license to conduct business
as
an a security alarm system contractor or a private security
guard
or agency, the applicant shall is
issued to a person, that
licensee
is not be required to obtain any
other license from a
municipality or political subdivision of this state to act as a
security alarm system contractor.
Sec. 6. (1) The department shall issue a license to conduct
business
as a security alarm system contractor or a private
security
guard, private security police, or to a private security
guard
business, if it is satisfied that
the applicant, is a sole
proprietorship,
or if a firm, partnership, company, limited
liability
company, or corporation the sole or principal license
holder
is an individual, who if the
applicant is an individual, or
the individual who is the sole or principal license holder of the
applicant if the applicant is a person that is not an individual,
meets all of the following qualifications:
(a) Is not less than 25 years of age.
(b) Has a high school education or its equivalent.
(c)
In the case of If the
individual is a licensee under this
section
whose license was issued after March
28, 2001, has not been
under
any sentence, including parole, probation, or actual
incarceration,
for the commission convicted of a felony.
(d)
In the case of a person licensed under this section If the
individual is a licensee whose license was issued on or before
March
28, 2001, has not been under any sentence, including parole,
probation,
or actual incarceration, for the commission convicted of
a
felony within 5 years before in
the 5-year period preceding the
date of application.
(e) Has not been convicted of an offense listed in section
10(1)(c)
within 5 years before in
the 5-year period preceding the
date of application.
(f) Has not been dishonorably discharged from a branch of the
United States military service.
(g)
In the case of an applicant for a private security guard
or
agency license, has been lawfully engaged in 1 or more of the
following:
(i) In the private security guard or agency business
on his or
her
own account in another state for a period of not less than 3
years.
(ii) In the private security guard or agency business
for a
period
of not less than 4 years as an employee of the holder of a
certificate
of authority to conduct a private security guard or
agency
business and has had experience reasonably equivalent to not
less
than 4 years of full-time guard work in a supervisory capacity
with
rank above that of patrolman.
(iii) In law enforcement employment as a certified
police
officer
on a full-time basis for not less than 4 years for a city,
county,
or state government, or for the United States government.
(iv) In the private security guard or agency business
as an
employee
or on his or her own account or as a security
administrator
in private business for not less than 2 years on a
full-time
basis, and is a graduate with a baccalaureate degree or
its
equivalent in the field of police administration or industrial
security
from an accredited college or university.
(g) (h)
In the case of an If the applicant is
applying for a
security alarm system contractor license, has been lawfully engaged
in either or both of the following:
(i) The A security alarm system
contractor business on his or
her
own account for a period of not less than at least 3 years.
(ii) The A security alarm system
contractor business for a
period
of not less than at least 4 years as an employee of the
holder of a certificate of authority to conduct a security alarm
system
contractor business, and has had experience reasonably
equivalent to at least 4 years of full-time work in a supervisory
capacity or passes a written exam administered by the department
designed to measure his or her knowledge and training in security
alarm systems.
(h) (i)
Has posted with provided the
department a the bond or
surety
required under section 9. provided for
in this act.
(i) (j)
Has not been adjudged insane,
unless he or she has
been adjudged restored to sanity by court order.
(j) (k)
Does not have Is not subject
to any outstanding
warrants for his or her arrest.
(2)
In the case of a sole proprietorship, firm, partnership,
company,
or corporation If a person now doing or seeking to do
business in this state is applying for a license under this
section, the resident manager shall comply with the applicable
qualifications of this section.
Sec.
9. (1) The department , when shall
issue a license to an
applicant when it is satisfied of the good character, competence,
and integrity of 1 of the following, as applicable:
(a)
If the applicant is an individual, the
applicant. , or if
(b)
If the applicant is a firm, company,
partnership, limited
liability
company, or corporation,
or other legal entity, of its
individual
members or officers. , or, if
(c)
If the applicant is a private college
or university, of
its
governing board. , shall issue to the applicant a license.
(2) A license is valid for 2 years, but the department may
revoke the license at any time for good cause shown. The department
shall prescribe the form of the license certificate.
(3)
The issuance of the a license
is conditioned upon on the
applicant's
paying to the department for each license $200.00 if a
sole
proprietorship, or $300.00 if a private security guard firm,
company,
partnership, limited liability company, or corporation, or
$500.00 if the applicant is a security alarm system contractor, and
upon
on the applicant's executing, delivering, and filing
with the
department
a bond in the sum principal
amount of $25,000.00. The
bond
shall be conditioned upon on
the faithful and honest conduct
of the business by the applicant and shall be approved by the
department.
In lieu of a bond, the an applicant may furnish a
policy of insurance issued by an insurer authorized to do business
in
this state naming that
names the licensee and the state as
coinsureds
in the amount of $25,000.00 for property damages damage,
$100,000.00 for injury to or death of 1 person, and $200,000.00 for
injuries to or deaths of more than 1 person arising out of the
operation
of the licensed activity. The license is valid for 2
years
but is revocable at all times by the department for cause
shown.
The bonds shall be taken in the
name payable to the
department
for the benefit of the people of the
this state. and a A
person injured by the willful, malicious, and wrongful act of the
licensee or any of his or her agents or employees may bring an
action on the bond or insurance policy in his or her own name to
recover
damages suffered by reason of the wrongful act. The license
certificate
shall be in a form to be prescribed by the department.
(4) (2)
If a licensee desires intends to
open a 1 or more
branch
office offices, he or she the licensees may receive a
license
for that each branch following approval as required in if
the
branch license is approved under section
7 and payment to the
licensee
pays the department of an
additional fee of $50.00 for
each
private security guard branch office license and $100.00 for
each security alarm system contractor branch office license.
(5) (3)
The A licensee shall post an additional license issued
under
subsection (2) shall be posted (4)
in a conspicuous place in
the branch office, and the additional license shall expire on the
same date as the initial license.
(6) (4)
Subject to subsection (5) (8),
if the a license is
denied,
revoked, or suspended for cause, no refund shall be made of
the
license fees or a the
department shall not refund all or any
part of the license fees for that license.
(7) (5)
Beginning July 23, 2004, the
department shall issue or
deny an application
for an initial or renewal license not
later
than
within 180 days after the applicant files a completed
application.
Receipt of the An application is considered filed on
the date the application is received by any agency or department of
the
this state. of Michigan. If the an application
is considered
incomplete by the department, the department shall notify the
applicant in writing, or make the information electronically
available,
within 30 days after receipt the
filing of the
incomplete application, describing the deficiency and requesting
the
additional information. The A
180-day period described in this
subsection
is tolled upon notification by from the date the
department notifies the applicant of a deficiency until the date
the requested information is received by the department. The
determination of the completeness of an application does not
operate
as an approval of the an application for the license and
does not confer eligibility of an applicant determined otherwise
ineligible for issuance of a license.
(8) (6)
If the department fails to issue or
deny a license
within
in the time required by under this
section, the department
shall return the license fee and shall reduce the license fee for
the
applicant's next renewal application, if any, by 15%. The A
failure
to issue a license within in
the time required under this
section does not allow the department to otherwise delay the
processing
of the an application, and that application, upon on
completion,
shall be placed the
department shall place the
application in sequence with any other completed applications
received at that same time. The department shall not discriminate
against
an applicant in the processing of the an application
based
upon
on the fact that the license fee was refunded or
discounted
under this subsection.
(9) (7)
Beginning October 1, 2005, the The
director of the
department shall submit a report by December 1 of each year to the
standing committees and appropriations subcommittees of the senate
and house of representatives concerned with occupational issues.
The director shall include all of the following information in the
report concerning the preceding fiscal year:
(a) The number of initial and renewal applications the
department received and completed within the 180-day time period
described
in subsection (5) (7).
(b) The number of applications the department denied.
(c)
The number of applicants not issued a license within in
the 180-day time period described in subsection (7) and the amount
of
money returned to licensees and registrants under subsection (6)
(8).
(10) (8)
The fees collected by the
department under this
section
shall be deposited into the security business alarm fund
created
in subsection (9) (11).
(11) (9)
The security business alarm fund
is created within in
the state treasury. The department shall deposit all license fees
collected under this act into the fund. The state treasurer may
receive money or other assets from any source for deposit into the
fund. The state treasurer shall direct the investment of the fund.
The state treasurer shall credit to the fund interest and earnings
from fund investments. Money in the fund at the close of the fiscal
year shall remain in the fund and be available for appropriation
and expenditure by the department in subsequent fiscal years. The
money in the fund shall not lapse to the general fund. The
department
shall expend money from the fund, upon on appropriation,
only for enforcement and administration of this act. The department
is the administrator of the fund for auditing purposes.
(12) (10)
As used in this section,
"completed application"
means an application that is complete on its face and submitted
with
any applicable licensing fees as well as and any other
information, records, approval, security, or similar item required
by law or rule from a local unit of government, a federal agency,
or
a private entity person but not from another department or
agency
of the this state. of Michigan.
Sec. 16. A person shall not manufacture a badge or shield
which
that purports to indicate that the holder is a licensed
alarm
system
contractor , or
alarm system agent. ,
private security guard
or
agency, or any of those persons as listed, in section 2. A
person shall not display for sale a badge, shield, identification
card,
or certificate of license , by which that the holder might
use to mislead the public into thinking that the holder is a
licensed
security alarm system contractor , or security alarm
system
agent. , or private security guard, or agency. A person
,
firm,
company, partnership, or corporation shall
not distribute an
identification card or certificate of license in this state except
as provided by this act. A person shall not knowingly buy or
receive
from a source a form of spurious identification as an a
security
alarm system contractor , or security alarm system agent.
,
or a private security guard or agency. A violation of this
section is a misdemeanor, and a law enforcement officer of this
state shall confiscate an unauthorized identification card or
certificate
of license. shall be confiscated by a law enforcement
officer
of the state. Each day the a violation of this section
continues
shall constitute constitutes
a separate offense.
Sec.
17. (1) A licensee may employ as many persons individuals
as
he or she the licensee considers necessary to assist him or her
in
his or her the licensee in
its work of as a security
alarm
system
contractor , private security police, or private
college
security
force , or private security guard and to
assist in the
conduct
of his or her the
licensee's business. ,
and at A licensee
is
at all times during the employment is
of a person accountable
for
the good conduct in the business of each that person. so
employed.
(2)
Employees An individual in the employ of a licensee who
was
hired after March 28, 2001 shall must meet
the qualifications
outlined
described in section 6(1)(c), (e), (j) (i),
and (k) (j),
be
at least 18 years of age, and have had at least an eighth grade
education or its equivalent. An employee in the employ of a
licensee
who was hired on or before March 28, 2001 shall must meet
the
qualifications outlined in section 6(1)(d), (e), (j) (i),
and
(k) (j),
be at least 18 years of age, and have had at least an
eighth
grade education or its equivalent. Employees An individual
in the employ of a licensee who is hired by a licensee after June
21,
2002 shall must meet the qualifications outlined in section
6(1)(c),
(e), (j) (i), and (k) (j), be at least 18 years of
age,
and have at least a high school diploma, a GED, or its equivalent.
(3)
A licensee shall maintain and keep and maintain in this
state
adequate and complete personnel information on all persons
employed
by him or her of its
employees. A licensee shall file a
complete
employee roster in a manner described by the department
shall
be filed with the department by
each licensee on a quarterly
basis, .
The rosters must be filed with the in
a manner determined
by the department, by April 15, July 15, October 15, and January 15
of each year for the preceding quarter. Failure to submit an
accurate
rosters roster is cause for suspension of the a license.
A
The
department shall not process a renewal
application shall not be
processed
if the department has not received a quarterly roster has
not
been received for each quarter of
the preceding 2-year license
period.
(4)
If a licensee falsely states or represents that a person
an
individual is or has been in his or
her the licensee's employ,
the false statement or representation is sufficient cause for the
revocation of the license.
(5) A person shall not falsely state or represent that he or
she
is an agent of a licensed security alarm system contractor ,
private
security police officer, or private college security force
officer. ,
or private security guard. A person
who violates this
subsection is guilty of a misdemeanor punishable by imprisonment
for not more than 93 days or a fine of not more than $500.00, or
both.
Sec.
18. (1) A licensee shall not knowingly employ any person
an individual who fails to meet the requirements of section 17.
(2)
The A licensee shall cause fingerprints to be taken of all
prospective
employees who are direct providers of whom the licensee
intends to hire to provide any security alarm system business
services
directly to the licensee's customers, which
and ensure
that
those fingerprints shall be are 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 in section 3 of 1935 PA 120, MCL 28.273,
as well as
and any fees imposed by the federal bureau of investigation. The
department
shall use 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 an
individual to provide any
security alarm system business services directly to the licensee's
customers before submitting fingerprints to the department of state
police.
(3)
The If the taking of fingerprints
is 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 may take those
fingerprints. If a licensee takes the
fingerprints,
that licensee shall must
first 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 name check of each prospective employee who is
a
direct provider of whom the licensee
intends to hire to provide
security
alarm system business based upon a name check services
directly to the licensee's customers. The licensee shall obtain a
complete
and signed employment application for all individuals each
individual for whom a name check is requested and conducted. The
licensee
shall retain 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 on receipt
of
a written, electronic, or telephonic
request of from a licensee
accompanied by a fee of $15.00. The department of state police
shall
conduct the background check shall
be conducted not later
than
within 3 days after the date a written request is made and not
later
than within 24 hours after a telephonic or electronic request
is
made. Provisional clearance based on the name check shall allow
the
allows a licensee to employ
the employee to be employed as a
security
guard alarm contractor, for a period of time not to that
does
not exceed 90 days, pending final
clearance based upon on a
fingerprint
check as provided for in under
subsection (2). If an
approval is once denied, the licensee may not again employ that
individual
may not again be employed as a direct provider of the
security
alarm system business by the submitting licensee except
upon
receipt of services unless
the licensee receives an approved
fingerprint clearance for that individual. 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 ,
or 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 under
this act.
(6)
Any employee who, upon on 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.
Sec.
19. (1) The A licensee
shall not wear or allow employees
to
wear a particular type of uniform and
insignia worn by a
licensee
or his or her employees must be that
is not approved by
the
department, and shall not deceive or confuse or deceives or
confuses
the public, or be
is identical with that of a law
enforcement officer of the federal government, this state, or a
political
subdivision of the this state in the community of the
license
holder licensee. Shoulder identification patches shall be
worn
on all Each uniform jackets, coats, and shirts and shall
include
jacket, coat, or shirt worn
by a licensee or its employees
shall have a shoulder identification patch that includes the name
of
the licensee. or agency. Shoulder identification patches or
emblems
shall not be less than A
shoulder identification patch
described in this subsection, and any emblem worn on any part of a
uniform, must be at least 3 inches by 5 inches in size.
(2)
A badge or shield shall not be worn or carried by a
security
alarm system agent, private security police officer, a
private college security force officer, or an employee or licensee
of
a security alarm system contractor
, private security police
organization,
or a private college security force ,
or private
security
guard agency, shall not wear
or carry a badge or shield
unless approved by the director of the department.
(3)
A person who is not employed as a security guard alarm
contractor or agent shall not display a badge or shield or wear a
uniform
of a security guard alarm
contractor or agent. A person who
violates this subsection is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than
$500.00, or both.
(4)
A person licensed as a security alarm system contractor ,
or
security alarm system agent ,
or a private security guard or
agency
is not authorized to carry a deadly
weapon unless he or she
is licensed to do so in accordance with the laws of this state.
(5) A licensee may authorize his or her employees to carry any
commercially available tactical baton.
Sec. 22. (1) Every advertisement by a licensee soliciting or
advertising for business shall contain his or her business name and
address as they appear in the records of the department.
(2)
A licensee shall, upon On notice from and order of the
department, a licensee shall discontinue any advertising or the use
of any advertisement, seal, or card that, in the opinion of the
department, may tend to mislead the public. Failure to comply with
any
such an order of the department described in this subsection is
cause for revocation or suspension of the license.
(3)
A If a person who
is not licensed under this act who
advertises
his or her business to be that of a private security
guard
or security alarm agency system contractor, irrespective of
the name or title actually used, the person 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.
Sec.
25. (1) Subject to section 9(5) 9(7), the
department may
renew
a license granted under this act may
be renewed by the
department
upon if the licensee files an
application, by
the
licensee,
filing provides a renewal surety bond in the amount
specified
in under section 9, and the payment of pays a
renewal fee
of
in 1 of the following
amounts:
(a)
If the licensee is an individual, $100.00. if
a sole
proprietorship,
(b) If the licensee is a private college police force,
$150.00. if
a private security police organization, a private
college
police force, or a private security guard firm, company,
partnership,
limited liability company, or corporation, or
(c) If the licensee is a person that is not an individual,
$250.00. if
a security alarm system contractor.
(2)
A The date of issuance of
a renewal license shall be dated
as
of the expiration date of the
previously existing license. For
the renewal of a license, the licensee shall submit an application
in a form provided by the department. The department may defer the
renewal of license if there is an uninvestigated outstanding
criminal complaint pending against the licensee or a criminal case
pending in any court against the licensee.
(3)
A person who that fails to renew a license on or before
the expiration date shall not engage in activities regulated by
this
act. A person who that fails to renew a license on or before
the expiration date may, within 30 days after the expiration date,
renew the license by payment of the required license fee and a late
renewal fee of $25.00. An applicant who fails to renew within the
30-day period must reapply for a license under section 7.
(4)
The department shall deposit any fees collected by the
department
under this section shall be
deposited into the security
business
alarm fund created in section 9(9) 9(11).
Sec.
26. (1) Upon the death of If an individual licensed
under
this
act, who is a licensee or an
owner of a licensee dies, 1 of
the following, as applicable, may continue the business with which
the
decedent was connected may be carried on for a period of 90
days: by
the following:
(a) In the case of If the decedent was an individual licensee,
the
surviving spouse, or if there be none, the executor or
administrator of the estate of the decedent if there is no
surviving
spouse. ;
(b) In the case of a partner If the decedent was a partner in
a
partnership, the surviving partners. ;
(c) In the case of an officer of a firm, company,
association,
organization,
or corporation, If the
decedent was an officer of a
licensee that is not an individual or partnership, the remaining
officers
thereof of the licensee.
(2) Within 10 days following the death of a licensee, the
department shall be notified in writing. The notification shall
state the name of the person legally authorized to carry on the
business of the deceased under subsection (1).
(3) Upon
the authorization of If
authorized by the department,
the business of a decedent described in subsection (1) may be
carried
on for a further longer period of time when than the 90-day
period described in subsection (1) if necessary to complete any
business
commitments pending at the death of when the decedent
died.
(4) Nothing
in this This section shall be construed to does
not
restrict the sale of an the security alarm system business or a
private
security guard agency, of a
licensee if the licensee or an
owner
of the licensee dies, if the vendee buyer qualifies
for a
license
under the provisions of this act.
Sec.
29. (1) The licensure department
of state police shall
administer
the licensing of private security
police and private
college
security forces. shall be administered by the department of
state
police. The application,
qualification, and enforcement
provisions
under this act apply to private security police and
private
college security forces except that the administration of
department
of state police shall administer those
provisions, shall
be
performed by, and the payment of
the appropriate fees shall be
paid
to , the
department of state police. The director of the
department of energy, labor, and economic growth may jointly
promulgate rules with the department of state police under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, to facilitate the bifurcation of authority described in
this subsection.
(2)
This act does not require licensing of any private
security
guards employed for the purpose of protecting the property
and
employees of their employer and generally maintaining security
for
their employer. However, any A
person , firm, limited
liability
company,
business organization, or educational institution ,
or
corporation
maintaining a private security
police organization or a
private college security force may voluntarily apply for licensure
under
this act. When If a private security police employer or
private
college security force employer as described in this
section
provides the an employee with a pistol for the purpose of
protecting
the property of the employer, the pistol shall be is
considered the property of the employer and the employer shall
retain custody of the pistol, except during the actual working
hours
of the employee. All such private security people shall be An
employee of a private college security force is subject to the
provisions of sections 17(1) and 19(1).
Enacting section 1. Sections 27, 30, and 31 of the private
security business and security alarm act, 1968 PA 330, MCL
338.1077, 338.1080, and 338.1081, are repealed.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 241
of the 96th Legislature is enacted into law.
