reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1051 - Short Title.

338.1051 Short title.
Sec. 1.
This act shall be known and may be cited as the "private security business and security alarm act".
History:
1968, Act 330, Imd. Eff. July 12, 1968 ;-- Am. 2000, Act 411, Eff. Mar. 28, 2001
Constitutionality:
This act, which requires the licensing of guards, does not demonstrate the requisite degree of state action to bring the activities of guards under color of state law so as to subject their activities to constitutional restraint and to require guards to give suspects warnings of their constitutional rights before eliciting inculpatory statements, and especially does not subject the activities of private police who are employed to protect the property and employees of their employer to constitutional restraint because such guards need not be licensed under the act. Grand Rapids v Impens, 414 Mich 667; 327 NW2d 278 (1982).Participation by an off-duty deputy sheriff from another county, employed as a private guard, with other guards in the apprehension and detention of a shoplifting suspect did not provide a sufficient relationship so as to bring the activities of the guards under color of state law and require warnings of the suspect's constitutional rights before eliciting inculpatory statements by the suspect where the deputy did not obtain the statements and identified himself to the suspect only as a store employee. Grand Rapids v Impens, 414 Mich 667; 327 NW2d 278 (1982).
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1053 - License Required; Permission for Device Delivering Recorded Message to Public Service, Utility, or Police Agency Required; Violation; Penalty.

338.1053 License required; permission for device delivering recorded message to public service, utility, or police agency required; violation; penalty.
Sec. 3.
(1) Unless licensed under this act, a sole proprietorship, firm, company, partnership, limited liability company, or corporation shall not engage in the business of security alarm system contractor, private security guard, private security police, 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, security alarm system agent, private security guard agency, or an agency furnishing those services without having 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, 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.
History:
1968, Act 330, Imd. Eff. July 12, 1968 ;-- Am. 1974, Act 113, Eff. July 1, 1974 ;-- Am. 1975, Act 190, Imd. Eff. Aug. 5, 1975 ;-- Am. 1978, Act 432, Imd. Eff. Oct. 5, 1978 ;-- Am. 2000, Act 411, Eff. Mar. 28, 2001 ;-- Am. 2002, Act 473, Eff. Oct. 1, 2002 ;-- Am. 2010, Act 68, Imd. Eff. May 13, 2010
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1054 - Issuance of Separate Licenses for Different Security Services; Private Detective or Investigator Services.

338.1054 Issuance of separate licenses for different security services; private detective or investigator services.
Sec. 4.
The department may issue separate licenses to security alarm system contractors, 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.
History:
1968, Act 330, Imd. Eff. July 12, 1968 ;-- Am. 1975, Act 190, Imd. Eff. Aug. 5, 1975 ;-- Am. 2000, Act 411, Eff. Mar. 28, 2001 ;-- Am. 2010, Act 68, Imd. Eff. May 13, 2010
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1055 - License; Issuance; Term; Local License Not Required.

338.1055 License; issuance; term; local license not required.
Sec. 5.
The department, upon proper application and upon being satisfied that the applicant is qualified, shall issue the applicant a license to conduct business as an alarm system contractor or a private security guard or agency for a period of 2 years from date of issuance. Upon the issuance of a license to conduct business as an alarm system contractor or a private security guard or agency, the applicant shall not be required to obtain any other license from a municipality or political subdivision of this state.
History:
1968, Act 330, Imd. Eff. July 12, 1968 ;-- Am. 1975, Act 190, Imd. Eff. Aug. 5, 1975
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1056a - License to Operate Private College Security Force; Issuance to Private College or University.

338.1056a License to operate private college security force; issuance to private college or university.
Sec. 6a.
The department may issue a license to operate a private college security force to a private college or university, but shall not issue that license until the private college or university has demonstrated compliance with the requirements of sections 37 to 42.
History:
Add. 2010, Act 68, Imd. Eff. May 13, 2010
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1057 - License; Application; References; Investigation; Approval; Nonrenewable Temporary License; Fees; Section Inapplicable to Private College Security Force.

338.1057 License; application; references; investigation; approval; nonrenewable temporary license; fees; section inapplicable to private college security force.
Sec. 7.
(1) The department shall prepare a uniform application for the particular license and shall require the person filing the application to obtain reference statements from at least 5 reputable citizens who have known the applicant for a period of at least 5 years, who can attest that the applicant is honest, of good character, and competent, and who are not related or connected to the applicant by blood or marriage.
(2) Upon receipt of the application and application fee, the department shall investigate the applicant's qualifications for licensure.
(3) Except for a private college security force, the application and investigation are not considered complete until the applicant has received the approval of the prosecuting attorney and the sheriff of the county in this state within which the principal office of the applicant is to be located. If the office is to be located in a city, township, or village, the approval of the chief of police may be obtained instead of the sheriff. Branch offices and branch managers shall be similarly approved.
(4) If a person has not previously been denied a license or has not had a previous license suspended or revoked, the department may issue a nonrenewable temporary license to an applicant. If approved by the department, the temporary license is valid until 1 or more of the following occur but not to exceed 120 days:
(a) The completion of the investigations and approvals required under subsections (1), (2), and (3).
(b) The completion of the investigation of the subject matter addressed in section 6.
(c) The completion of the investigation of any employees of the licensee as further described in section 17.
(d) Confirmation of compliance with the bonding or insurance requirements imposed in section 9.
(e) The applicant fails to meet 1 or more of the requirements for licensure imposed under this act.
(5) The fees for a temporary license shall be the applicable fees as described in section 9.
(6) This section does not apply to a private college security force.
History:
1968, Act 330, Imd. Eff. July 12, 1968 ;-- Am. 1975, Act 190, Imd. Eff. Aug. 5, 1975 ;-- Am. 2000, Act 411, Eff. Mar. 28, 2001 ;-- Am. 2002, Act 473, Eff. Oct. 1, 2002 ;-- Am. 2010, Act 68, Imd. Eff. May 13, 2010
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1058 - Application; Signature and Verification; Contents; Photographs; Section Inapplicable to Private College Security Force.

338.1058 Application; signature and verification; contents; photographs; section inapplicable to private college security force.
Sec. 8.
(1) Each applicant shall sign and verify the application. Each application shall contain at least all of the following:
(a) The name and principal address where the individual or business entity is located in this state.
(b) The address and location of any branch office of the business.
(c) The certificate of incorporation of the business, if applicable.
(2) Each applicant shall submit 2 passport quality photographs of the applicant with the application. If the applicant is a business entity, the resident manager of the business shall submit 2 passport quality photographs of himself or herself.
(3) This section does not apply to a private college security force.
History:
1968, Act 330, Imd. Eff. July 12, 1968 ;-- Am. 2000, Act 411, Eff. Mar. 28, 2001 ;-- Am. 2010, Act 68, Imd. Eff. May 13, 2010
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1060 - License; Revocation; Grounds; Failure to Pay Fines or Fees; Surrender of License; Misdemeanor.

338.1060 License; revocation; grounds; failure to pay fines or fees; surrender of license; misdemeanor.
Sec. 10.
(1) The department may revoke any license issued under this act if it determines, upon good cause shown, that the licensee or his or her manager, if the licensee is an individual, or if the licensee is not an individual, that any of its officers, directors, partners or its manager, has done any of the following:
(a) Made any false statements or given any false information in connection with an application for a license or a renewal or reinstatement of a license.
(b) Violated any provision of this act.
(c) Been, while licensed or employed by a licensee, convicted of a felony or a misdemeanor involving 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) Controlled substances under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.
(vii) An assault.
(d) Knowingly submitted any of the following:
(i) A name other than the true name of a prospective employee.
(ii) Fingerprints not belonging to the prospective employee.
(iii) False identifying information in connection with the application of a prospective employee.
(2) The department shall not renew a license of a licensee who owes any fine or fee to the department at the time for a renewal.
(3) Within 48 hours after notification from the department of the revocation of a license under this act, the licensee shall surrender the license and the identification card issued under section 14. 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.
History:
1968, Act 330, Imd. Eff. July 12, 1968 ;-- Am. 1994, Act 326, Eff. Mar. 30, 1995 ;-- Am. 2000, Act 411, Eff. Mar. 28, 2001 ;-- Am. 2002, Act 473, Eff. Oct. 1, 2002
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1061 - Refund of Application or License Fee.

338.1061 Refund of application or license fee.
Sec. 11.
The department shall not refund a license or application fee unless a showing is made of mistake, inadvertence, error in the collection of the fee, or noncompliance with the time periods described in section 9(5).
History:
1968, Act 330, Imd. Eff. July 12, 1968 ;-- Am. 2000, Act 411, Eff. Mar. 28, 2001 ;-- Am. 2004, Act 270, Imd. Eff. July 23, 2004
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1062 - Posting Certificate of License.

338.1062 Posting certificate of license.
Sec. 12.
Upon receipt of a certificate of license from the department the licensee shall post it in a conspicuous place in his office.
History:
1968, Act 330, Imd. Eff. July 12, 1968
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1063 - Change in Name or Location; Report; Failure to Notify Department.

338.1063 Change in name or location; report; failure to notify department.
Sec. 13.
(1) Any change in the name or location of the agency or of a branch office or subagency shall be reported by the licensee to the department at least 10 days before the change becomes effective, upon receipt of which the department shall prepare and forward a certificate showing the change. The licensee shall return the old certificate within 3 business days after the change.
(2) Failure to notify the department of a change in name or location may result in license suspension.
History:
1968, Act 330, Imd. Eff. July 12, 1968 ;-- Am. 2002, Act 473, Eff. Oct. 1, 2002
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1064 - Identification Card; Issuance; Form; Contents; Recall; Custody; Unauthorized Use; Suspension and Reinstatement; Duplicates.

338.1064 Identification card; issuance; form; contents; recall; custody; unauthorized use; suspension and reinstatement; duplicates.
Sec. 14.
(1) Upon issuing a license, the department shall issue an identification card to the principal license holder, and if the licensee is a partner in a partnership to each partner, and if the license holder is a corporation to each resident officer or manager but only if requested by a resident officer or manager.
(2) The form and contents of the identification card shall be prescribed by the department, and the card shall be recalled by the department if the license is revoked.
(3) Only 1 identification card shall be issued for each person entitled to receive it. The licensee is responsible for the maintenance, custody, and control of the identification card and shall not let, loan, sell, or otherwise permit unauthorized persons or employees to use it. This section does not prevent an agency from issuing its own identification cards to its employees if they are approved as to form and content by the department. The individual card shall not bear the seal of the state, and the employee shall be designated as either security alarm system agent, private security police officer, private college security force officer, security guard, or security technician.
(4) The department may suspend a license issued under this act if the licensee fails to comply with any of the requirements of this act. Unless a license is required to be revoked for a violation of this act, the department shall reinstate a suspended license upon the licensee complying with this act and the licensee paying a $100.00 reinstatement fee.
(5) Upon proper application and for sufficient reasons shown, the department may issue duplicates of the original certificate of license or identification card.
History:
1968, Act 330, Imd. Eff. July 12, 1968 ;-- Am. 1975, Act 190, Imd. Eff. Aug. 5, 1975 ;-- Am. 2000, Act 411, Eff. Mar. 28, 2001 ;-- Am. 2002, Act 473, Eff. Oct. 1, 2002 ;-- Am. 2010, Act 68, Imd. Eff. May 13, 2010
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1065 - Nonassignability of License.

338.1065 Nonassignability of license.
Sec. 15.
A license issued under the provisions of this act is not assignable, and is personal to such licensee.
History:
1968, Act 330, Imd. Eff. July 12, 1968
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1066 - Unlawful Manufacture of Badge or Shield; Unlawful Display of Badge, Shield, Card, or License; Distribution of Card or License; Buying or Receiving Spurious Identification; Violation; Penalty; Confiscation of Card or License; Separate Offenses.

338.1066 Unlawful manufacture of badge or shield; unlawful display of badge, shield, card, or license; distribution of card or license; buying or receiving spurious identification; violation; penalty; confiscation of card or license; separate offenses.
Sec. 16.
A person shall not manufacture a badge or shield which purports to indicate that the holder is a licensed alarm system contractor, 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 the holder might mislead the public into thinking that the holder is a licensed alarm system contractor, 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 alarm system contractor, alarm system agent, or a private security guard or agency. A violation of this section is a misdemeanor, and an unauthorized identification card or certificate of license shall be confiscated by a law enforcement officer of the state. Each day the violation continues shall constitute a separate offense.
History:
1968, Act 330, Imd. Eff. July 12, 1968 ;-- Am. 1975, Act 190, Imd. Eff. Aug. 5, 1975
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1067a - Notifying Law Enforcement Agency of Suspected Crime.

338.1067a Notifying law enforcement agency of suspected crime.
Sec. 17a.
If a private security guard, private security police officer, or private college security force officer acting in the course of his or her employment reasonably suspects that any of the following crimes have occurred, he or she shall immediately notify a law enforcement agency of that suspected crime:
(a) An assaultive crime, as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.
(b) A violation of section 145c or 539j of the Michigan penal code, 1931 PA 328, MCL 750.145c and 750.539j.
History:
Add. 2012, Act 591, Eff. Mar. 28, 2013
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1069 - Uniform and Insignia; Shoulder Identification Patches or Emblems; Badge or Shield; Deadly Weapons; Tactical Baton.

338.1069 Uniform and insignia; shoulder identification patches or emblems; badge or shield; deadly weapons; tactical baton.
Sec. 19.
(1) The particular type of uniform and insignia worn by a licensee or his or her employees must be approved by the department and shall not deceive or confuse the public or be identical with that of a law enforcement officer of the federal government, state, or a political subdivision of the state in the community of the license holder. Shoulder identification patches shall be worn on all uniform jackets, coats, and shirts and shall include the name of the licensee or agency. Shoulder identification patches or emblems shall not be less than 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, private college security force officer, or an employee or licensee of a security alarm system contractor, private security police organization, private college security force, or private security guard agency, unless approved by the director of the department.
(3) A person who is not employed as a security guard shall not display a badge or shield or wear a uniform of a 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.
(4) A person licensed as a security alarm system contractor, 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.
History:
1968, Act 330, Imd. Eff. July 12, 1968 ;-- Am. 1975, Act 190, Imd. Eff. Aug. 5, 1975 ;-- Am. 2000, Act 411, Eff. Mar. 28, 2001 ;-- Am. 2002, Act 473, Eff. Oct. 1, 2002 ;-- Am. 2010, Act 68, Imd. Eff. May 13, 2010
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1070 - Confidentiality of Information; False Reports, Penalty.

338.1070 Confidentiality of information; false reports, penalty.
Sec. 20.
(1) Any person who is or has been an employee of a licensee shall not divulge to anyone other than his employer or former employer, or as the employer shall direct, except as he may be required by law, any information acquired by him during his employment in respect to any of the work to which he shall have been assigned by the employer. Any employee violating the provisions of this section and any employee who wilfully makes a false report to his employer in respect to any work is guilty of a misdemeanor.
(2) Any manager, executive or employee of a licensee who wilfully sells, divulges or otherwise discloses information to other than clients, except as he may be required by law, any information acquired by him or them during employment by the client is guilty of a misdemeanor, and shall be subjected to immediate suspension of license by the department and revocation of license upon satisfactory proof of the offense to the department.
History:
1968, Act 330, Imd. Eff. July 12, 1968
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1071 - Violations of Act; Report of Convictions.

338.1071 Violations of act; report of convictions.
Sec. 21.
The prosecuting attorney of the county in which any conviction for a violation of any provision of this act shall, within 10 days thereafter, make and file with the department a report showing the date of such conviction, the name of the person convicted and the nature of the charge.
History:
1968, Act 330, Imd. Eff. July 12, 1968
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1072 - Advertising.

338.1072 Advertising.
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 notice from and order of the department, 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 order of the department is cause for revocation or suspension of the license.
(3) A person not licensed under this act who advertises his or her business to be that of a private security guard or security alarm agency, irrespective of the name or title actually used, 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.
History:
1968, Act 330, Imd. Eff. July 12, 1968 ;-- Am. 2000, Act 411, Eff. Mar. 28, 2001
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1073 - Trade Names; Approval.

338.1073 Trade names; approval.
Sec. 23.
No licensee shall use any designation or trade name which has not been first approved by the department, nor shall any licensee use any designation or trade name which implies any association with any municipal, county or state government or the federal government, or agency thereof.
History:
1968, Act 330, Imd. Eff. July 12, 1968
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1074 - Compliance With Labor Laws.

338.1074 Compliance with labor laws.
Sec. 24.
Each sole proprietorship, partnership, firm, limited liability company, or corporation licensed and operating under the provisions of this act where there is an employer-employee relationship must comply with the state and federal laws applicable and must make written records and reports in accordance with the applicable state and federal laws.
History:
1968, Act 330, Imd. Eff. July 12, 1968 ;-- Am. 2002, Act 473, Eff. Oct. 1, 2002
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1075 - Renewal License; Application; Bond; Fee; Date; Form; Approval; Effect of Failure to Renew; Deposit of Fees Into Security Business Fund.

338.1075 Renewal license; application; bond; fee; date; form; approval; effect of failure to renew; deposit of fees into security business fund.
Sec. 25.
(1) Subject to section 9(5), a license granted under this act may be renewed by the department upon application by the licensee, filing a renewal surety bond in the amount specified in section 9, and the payment of a renewal fee of $100.00 if a sole proprietorship, $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 $250.00 if a security alarm system contractor.
(2) 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 fails to renew a license on or before the expiration date shall not engage in activities regulated by this act. A person who 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 fees collected by the department under this section shall be deposited into the security business fund created in section 9(9).
History:
1968, Act 330, Imd. Eff. July 12, 1968 ;-- Am. 1975, Act 190, Imd. Eff. Aug. 5, 1975 ;-- Am. 2000, Act 411, Eff. Mar. 28, 2001 ;-- Am. 2002, Act 473, Eff. Oct. 1, 2002 ;-- Am. 2004, Act 270, Imd. Eff. July 23, 2004 ;-- Am. 2010, Act 68, Imd. Eff. May 13, 2010
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1076 - Continuation of Business Upon Death of Licensee; Notice; Sale of Business.

338.1076 Continuation of business upon death of licensee; notice; sale of business.
Sec. 26.
Upon the death of an individual licensed under this act, 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 an individual licensee, the surviving spouse, or if there be none, the executor or administrator of the estate of the decedent; (b) In the case of a partner, the surviving partners; (c) In the case of an officer of a firm, company, association, organization, or corporation, the officers thereof. 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.
Upon the authorization of the department, the business may be carried on for a further period of time when necessary to complete any business commitments pending at the death of the decedent.
Nothing in this section shall be construed to restrict the sale of an alarm system business or a private security guard agency, if the vendee qualifies for a license under the provisions of this act.
History:
1968, Act 330, Imd. Eff. July 12, 1968 ;-- Am. 1975, Act 190, Imd. Eff. Aug. 5, 1975
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1077 - Departmental Agents; Employment, Powers, Rules and Regulations.

338.1077 Departmental agents; employment, powers, rules and regulations.
Sec. 27.
The department may employ such agents as are necessary to carry out the provisions of this act and to enforce compliance therewith. The department and each agent employed by him, in respect to violations of any of the provisions of this act, has all the powers of a peace officer. All rules and regulations of the department shall be made in accordance with the provisions of Act No. 88 of the Public Acts of 1943, as amended, being sections 24.71 to 24.80 of the Compiled Laws of 1948, and subject to Act No. 197 of the Public Acts of 1952, as amended, being sections 24.101 to 24.110 of the Compiled Laws of 1948.
History:
1968, Act 330, Imd. Eff. July 12, 1968
Admin Rule:
R 28.4001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1078 - Repealed. 2000, Act 411, Eff. Mar. 28, 2001.

338.1078 Repealed. 2000, Act 411, Eff. Mar. 28, 2001.
Compiler's Notes:
The repealed section pertained to licensing of existing businesses.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1080 - Private Security Police Officers; Arrest Powers; Limitations.

338.1080 Private security police officers; arrest powers; limitations.
Sec. 30.
A private security police officer, as described in section 29, who is properly licensed under this act has the authority to arrest a person without a warrant as set forth for public peace officers in section 15 of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.15, when that private security police officer is on the employer's premises. Such authority is limited to his or her hours of employment as a private security police officer and does not extend beyond the boundaries of the property of the employer and while the private security police officer is in the full uniform of the employer.
History:
Add. 1969, Act 168, Imd. Eff. Aug. 5, 1969 ;-- Am. 2000, Act 411, Eff. Mar. 28, 2001
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1081 - Training Requirements.

338.1081 Training requirements.
Sec. 31.
An applicant for licensure as private security police under this act under section 29, or the employee of the applicant, shall comply with training requirements as prescribed by the department under this act.
History:
Add. 1969, Act 168, Imd. Eff. Aug. 5, 1969 ;-- Am. 2000, Act 411, Eff. Mar. 28, 2001 ;-- Am. 2002, Act 473, Eff. Oct. 1, 2002
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1082 - Violation of Act; Penalty.

338.1082 Violation of act; penalty.
Sec. 32.
Except as otherwise provided in this act, a licensee, manager, or employee of a licensee who violates this act is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or by a fine of not more than $1,000.00, or both.
History:
Add. 1974, Act 113, Eff. July 1, 1974 ;-- Am. 2000, Act 411, Eff. Mar. 28, 2001
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1083 - Installation or Operation of Security Alarm Systems; Requirements.

338.1083 Installation or operation of security alarm systems; requirements.
Sec. 33.
A security alarm system may not be installed or operated in this state unless the security alarm system is either installed by a security alarm system contractor licensed under this act or is installed by the owner or occupant of a residence in his or her residence.
History:
Add. 1975, Act 190, Imd. Eff. Aug. 5, 1975 ;-- Am. 2000, Act 411, Eff. Mar. 28, 2001
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1085 - Repealed. 2000, Act 411, Eff. Mar. 28, 2001.

338.1085 Repealed. 2000, Act 411, Eff. Mar. 28, 2001.
Compiler's Notes:
The repealed section pertained to false alarms.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1087a - Authority and Power as Peace Officer.

338.1087a Authority and power as peace officer.
Sec. 37a.
(1) A private college security officer appointed under section 37 may be sworn and fully empowered by the chief of police of a village, city, or township law enforcement agency, or deputized by a sheriff as a deputy sheriff, excluding deputation as a special deputy, as provided in section 9d of the commission on law enforcement standards act, 1965 PA 203, MCL 28.609d.
(2) A private college security officer sworn and fully empowered as provided in this section may exercise the authority and power of a peace officer as prescribed in an oath of office administered by a chief of police of a village, city, or township law enforcement agency, or county sheriff, as provided in section 9d of the commission on law enforcement standards act, 1965 PA 203, MCL 28.609d.
History:
Add. 2016, Act 324, Imd. Eff. Nov. 22, 2016
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1088 - Creation of Private College Security Force; Approval of County Prosecuting Attorney, Sheriff, and City Police Chief.

338.1088 Creation of private college security force; approval of county prosecuting attorney, sheriff, and city police chief.
Sec. 38.
The governing board of a private college or university shall not create a private college security force under section 37 unless, before that security force is created, the governing board obtains the approval of the prosecuting attorney and the sheriff of each county within which the private college or university owns, maintains, or controls property. If the property of the private college or university is located entirely within 1 city, the governing board also shall obtain the approval of the chief of police of that city. If the property of the private college or university is not located entirely within 1 city, the governing board also shall obtain the approval of the chief of police of each city within which the private college or university owns, maintains, or controls property. Before granting approval, the prosecuting attorney, the sheriff, and the chief of police, as required, shall make a determination that the proposed private college security force is needed to assure adequate public safety on the property of the private college or university. Any of the persons whose approval is required under this section may rescind that approval at any time after his or her approval was granted, in which case the private college security force is no longer authorized and shall cease to operate.
History:
Add. 2010, Act 68, Imd. Eff. May 13, 2010
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1089 - Power to Make Arrests; Limitation.

338.1089 Power to make arrests; limitation.
Sec. 39.
(1) Unless sworn and fully empowered as provided in section 37a, upon being appointed under section 37 by a private college or university licensed under this act, private college security officers have the power to make arrests as provided in section 30.
(2) Unless sworn and fully empowered as provided in section 37a, upon being appointed under section 37 by a private college or university licensed under this act, private college security officers may exercise the powers conferred in this act only on property owned or leased by the private college or university, wherever situated.
(3) Unless sworn and fully empowered as provided in section 37a, private college security officers are not law enforcement officers as defined in the commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.616.
History:
Add. 2010, Act 68, Imd. Eff. May 13, 2010 ;-- Am. 2016, Act 324, Imd. Eff. Nov. 22, 2016
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1090 - Private College Security Force Oversight Committee.

338.1090 Private college security force oversight committee.
Sec. 40.
The governing board of a private college or university shall not grant powers and authority to the private college security officers of the private college or university unless, before those powers and authority are granted, the governing board establishes a private college security force oversight committee. The committee shall be composed of the sheriff and the prosecuting attorney of the county in which the private college or university is located, the chief of police if the private college or university is located in a municipality that has a police force, and 6 individuals appointed by the administration of the private college or university. The committee shall receive and address grievances by persons against the private college security officers or the private college security force of the private college or university. The committee may recommend to the governing board that disciplinary measures be taken by the private college or university against a private college security officer who is found responsible for misconduct in office.
History:
Add. 2010, Act 68, Imd. Eff. May 13, 2010
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1091 - Participation in State, County, or Municipal Retirement System Prohibited; Uniforms, Vehicles, and Badges Distinct From Local Law Enforcement Agency.

338.1091 Participation in state, county, or municipal retirement system prohibited; uniforms, vehicles, and badges distinct from local law enforcement agency.
Sec. 41.
Members of the private college security force at a private college or university are not eligible to participate in any state, county, or municipal retirement system and shall not be reimbursed for training with state funds. The uniforms, vehicles, and badges of private college security officers shall be distinctive from those of the local law enforcement agency where the private college or university is located.
History:
Add. 2010, Act 68, Imd. Eff. May 13, 2010
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 330 of 1968 - Private Security Business and Security Alarm Act (338.1051 - 338.1092) › Section 338.1092 - Liability Insurance.

338.1092 Liability insurance.
Sec. 42.
The governing board of a private college or university that creates a private college security force shall provide liability insurance coverage for each member of the private college security force without cost to the member, which will insure the member against any liability arising out of or in the course of the member's employment for not less than $250,000.00 of coverage, unless that indemnification is provided by a program of self-insurance.
History:
Add. 2010, Act 68, Imd. Eff. May 13, 2010
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 151 of 1962 - Pharmacy (338.1101 - 338.1131)

PHARMACY
Act 151 of 1962
338.1101-338.1131 Repealed. 1978, Act 11, Imd. Eff. Feb. 8, 1978;—1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 149 of 1967 - Nursing Practice Act of 1967 (338.1151 - 338.1175)

NURSING PRACTICE ACT OF 1967
Act 149 of 1967
338.1151-338.1175 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 166 of 1969 - Nursing Home Administrators (338.1181 - 338.1192)

NURSING HOME ADMINISTRATORS
Act 166 of 1969
338.1181-338.1192 Repealed. 1975, Act 186, Imd. Eff. Aug. 2, 1975;—1980, Act 299, Imd. Eff. Oct. 21, 1980.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 126 of 1963 - Landscape Architect Act (338.1201 - 338.1219)

LANDSCAPE ARCHITECT ACT
Act 126 of 1963
338.1201-338.1219 Repealed. 1980, Act 299, Imd. Eff. Oct. 21, 1980.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 147 of 1963 - Sanitarian's Registration Act (338.1301 - 338.1315)

SANITARIAN'S REGISTRATION ACT
Act 147 of 1963
338.1301-338.1315 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 218 of 1966 - Professional Community Planners Act (338.1351 - 338.1366)

PROFESSIONAL COMMUNITY PLANNERS ACT
Act 218 of 1966
338.1351-338.1366 Repealed. 1980, Act 299, Imd. Eff. Oct. 21, 1980.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 201 of 1965 - Horologist's Certification Act (338.1401 - 338.1414)

HOROLOGIST'S CERTIFICATION ACT
Act 201 of 1965
338.1401-338.1414 Repealed. 1980, Act 299, Imd. Eff. Oct. 21, 1980.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 265 of 1966 - Hearing Aid Dealers and Salesmen (338.1451 - 338.1466)

HEARING AID DEALERS AND SALESMEN
Act 265 of 1966
338.1451-338.1466 Repealed. 1980, Act 299, Imd. Eff. Oct. 21, 1980.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 383 of 1965 - Residential Builders, Contractors, and Salesmen (338.1501 - 338.1519)

RESIDENTIAL BUILDERS, CONTRACTORS, AND SALESMEN
Act 383 of 1965
338.1501-338.1519 Repealed. 1980, Act 299, Imd. Eff. Oct. 21, 1980.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Repealed - Act 355 of 1968 - Barber Licensing and Regulation Act of 1968 (338.1601 - 338.1665)

BARBER LICENSING AND REGULATION ACT OF 1968
Act 355 of 1968
338.1601-338.1665 Repealed. 1973, Act 113, Imd. Eff. Aug. 19, 1973;—1980, Act 299, Imd. Eff. Oct. 21, 1980.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1701 - Short Title.

338.1701 Short title.
Sec. 1.
This act shall be known and may be cited as the "forensic polygraph examiners act".
History:
1972, Act 295, Eff. Mar. 30, 1973
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.For abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.
2023 Michigan Compiled Laws › Chapter 338 - Professions and Occupations › Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729) › Section 338.1702 - Persons Not Exempted From Act.

338.1702 Persons not exempted from act.
Sec. 2.
A person who purports to be able to detect deception, or verify truthfulness through instrumentation, or who purports to offer or have available such services, shall not be held exempt from the provisions of this act because of the terminology which he may use to refer to himself, to his instrumentation or to his services.
History:
1972, Act 295, Eff. Mar. 30, 1973
Compiler's Notes:
For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.For abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.