September 27, 2017, Introduced by Senator MEEKHOF and referred to the Committee on Government Operations.
A bill to permit legally organized entities to enter into
contracts with special police agencies; to license and regulate
special police agencies; to impose certain fees; to require special
police agencies to be insured; to provide penalties; and to provide
for the powers and duties of certain state and local officers and
entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"special police agency act".
Sec. 2. As used in this act:
(a) "Agency" means a special police agency licensed under this
act.
(b) "Applicant" means a person who has submitted an
application to the department to operate a special police agency.
If the applicant is a business entity, applicant includes any owner
who has a controlling interest in the entity.
(c) "Armed forces" means the United States Army, Navy, Marine
Corps, Air Force, and Coast Guard, including reserve components.
(d) "Commission" means the commission on law enforcement
standards created under section 3 of the Michigan commission on law
enforcement standards act, 1965 PA 203, MCL 28.603.
(e) "Controlling interest" means an ownership interest in a
business entity that entitles an individual to enter into legally
binding contracts on behalf of the business entity.
(f) "Department" means the department of state police.
(g) "Legally organized entity" includes, but is not limited
to, an association, corporation, partnership, proprietorship,
trust, foundation, nonprofit organization, school district,
political subdivision, local unit of government, federally
recognized Indian tribe, or institution of higher education.
(h) "Municipality" means any township, village, city,
district, community college district, school district, or
institution of higher education in this state.
(i) "Special police agency" means a special policy agency
licensed under this act.
(j) "Special police officer" means an individual who is
currently or was previously licensed as a law enforcement officer
within the preceding 2 years under the Michigan commission on law
enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, who
is authorized to prevent and detect crime and enforce the general
criminal laws of this state.
Sec. 3. (1) Unless licensed under this act, a person shall not
provide law enforcement services as a special police agency under
contract with a legally organized entity under this act.
(2) A person shall not advertise its business as a special
police agency without first having obtained a license from the
department to provide law enforcement services.
Sec. 4. (1) The department shall provide an application on its
website for licensure of a special police agency under this act.
(2) The department shall charge a reasonable fee for the
processing of an application under this act, and shall not issue a
license under this act unless the applicant pays the department the
application fee. The application fee must be as follows:
(a) $200.00 if the applicant is an individual or sole
proprietorship.
(b) $300.00 if the applicant is a business entity.
(3) The department shall forward the application fee collected
under this section to the state treasurer for deposit into the
general fund.
(4) The application form must request all of the following
information from an applicant:
(a) Identifying information of the applicant.
(b) The fingerprints of the applicant if the applicant is an
individual, or the fingerprints of the owners of the applicant who
have a controlling interest in the applicant if the applicant is a
business entity.
(c) If the applicant is an individual, reference statements
from at least 5 reputable citizens who have known the applicant for
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. If the applicant is a
business entity, reference statements from at least 5 reputable
citizens who have conducted business or had other dealings with the
applicant and its owners who have a controlling interest in the
applicant for at least 5 years; who can attest that the applicant's
owners are honest, of good character, and competent; and who are
not related or connected to the applicant's officers and owners by
blood or marriage.
(d) Evidence that an applicant who is an individual has not
been adjudged insane, unless he or she has been adjudged restored
to sanity by court order.
(e) Evidence that an applicant has not less than $1,000,000.00
in liability insurance or is capable of being self-insured.
(5) Upon receipt of the application and application fee, the
department shall investigate the applicant's qualifications for
licensure under this act.
Sec. 5. (1) Each applicant that submits an application to the
department for licensure under this act shall sign and verify the
application.
(2) Each application submitted under this act shall contain
all of the following:
(a) The name of the applicant and the principal address where
he or she resides, or the principal address where the applicant is
located in this state, if the applicant is a business entity.
(b) The location of any branch office of the applicant.
(c) If the applicant is a limited liability company, the
certificate of incorporation or registration of the limited
liability company.
(d) The website address of any website registered to the
applicant.
(3) Each applicant shall submit 2 passport quality photographs
of the applicant or, if the applicant is a business entity, of the
owners of the applicant with a controlling interest in the
applicant with the application.
(4) The department shall issue a license to an applicant to
conduct business as a special police agency if the applicant is an
individual, that individual, or if the applicant is a business
entity, any owner with a controlling interest in the applicant
meets all of the following conditions:
(a) Is not less than 21 years of age.
(b) Has a high school education or its equivalent.
(c) Has not been convicted of a felony in the 5 years
immediately preceding the date of application.
(d) Provides evidence of United States citizenship or
permanent resident status.
(5) The applicant shall include evidence that no fewer than 1
officer or employee of the special police agency meets 1 or more of
the following conditions:
(a) The officer or employee was employed as a licensed law
enforcement officer in this state or another state for at least 3
years.
(b) The officer or employee was employed at a special police
or licensed security agency in this state or another state for at
least 3 years as an employee of the applicant seeking licensure
under this act, and has experience that is reasonably equivalent to
at least 4 years of work in a supervisory capacity with rank above
that of patrol officer.
(c) The officer or employee is a graduate with a baccalaureate
or associate degree in the field of police administration or
industrial security from an accredited institution of higher
education.
(d) The officer or employee served in the armed forces as a
military police officer or in an equivalent job classification.
Sec. 6. (1) If an applicant has not previously been denied a
license under this act, or has not had a license previously issued
under this act suspended or revoked, the department may issue a
temporary license to the applicant. A temporary license is valid
until 1 or more of the following events occur but in any event is
valid for not more than 120 days:
(a) The completion of the investigation and approval by the
department required for licensure under this act.
(b) Confirmation of compliance with the bonding or insurance
requirements for licensure under this act.
(c) Failure by the applicant to meet 1 or more of the
requirements for licensure under this act.
(2) The department shall issue a license to an applicant when
the requirements of this act are met, the department has received a
completed application, and the department is satisfied of the good
character, competence, and integrity of the applicant. As used in
this subsection, "completed application" means an application that
is complete on its face and submitted with the licensing fee
required under section 4 and any other information, records,
approval, security, or similar item required under this act.
(3) For each individual contract an agency enters into, the
agency shall notify the department and the local governing body of
the municipality in which the agency will be providing law
enforcement services if the contracting entity is not the
municipality itself. The agency shall notify the department when
any contract expires or is canceled.
(4) A license issued under this act is valid for 3 years, but
the department may revoke the license for good cause shown. A
licensed special police agency may request a hearing on the
revocation of its license under this act. A license revocation
hearing must be conducted as a contested case under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(5) The department shall prescribe the form of a license
certificate and provide a license certificate to an applicant upon
licensure.
Sec. 7. (1) A legally organized entity may enter into a
contract with a special police agency to provide law enforcement
services for a specified period of time and in a specified
geographic location in this state.
(2) A contract entered into under this section must provide
all of the following:
(a) The length of time during which the agency will be
providing the legally organized entity law enforcement services.
(b) A description of the geographic area in which the agency
will be providing the legally organized entity law enforcement
services, and the geographic boundaries of the area in which the
special police officers will have arrest authority.
(c) The arrest procedures with which special police officers
must comply and the local law enforcement agency or agencies that
special police officers must contact in the event of an arrest or
other incident involving the special police officers in the
performance of their duties.
(d) The number of special police officers that will be
deployed by the agency in the geographic area described in
subdivision (b).
(e) If the legally organized entity entering into a contract
with a special police agency is a local unit of government, the
contract must also include a written statement of approval by the
prosecuting attorney or sheriff of the county in which the special
police agency will be providing law enforcement services. If the
law enforcement services are to be provided within a municipality
that has a police department, the written approval of the chief of
police may be obtained instead of the sheriff.
Sec. 8. (1) An agency shall require an applicant for
employment as a special police officer to undergo a criminal
background check in the same manner as is required by the
commission before an individual may become a licensed law
enforcement officer in this state before he or she is hired as a
special police officer. The department shall assist an agency in
completing the criminal background checks required under this
subsection. If an individual is currently licensed or was
previously licensed within 2 years preceding his or her application
to become a special police officer as a law enforcement officer
under the Michigan commission on law enforcement standards act,
1965 PA 203, MCL 28.601 to 28.615, and his or her license was not
revoked, the individual is not required to undergo a criminal
background check under this subsection.
(2) A special police officer has the same authority to arrest
a person without a warrant as a public peace officer under section
15 of chapter IV of the code of criminal procedure, 1927 PA 175,
MCL 764.15, when the special police officer is providing law
enforcement services as provided in a contract entered into under
section 7. A special police officer's arrest authority is expressly
limited to the time during which he or she is providing law
enforcement services as provided in a contract under section 7.
Sec. 9. (1) Except for an individual who is currently
participating in a state, county, or municipal retirement system as
a current employee or retired employee, a special police officer is
not eligible to participate in any state, county, or municipal
retirement system.
(2) The uniforms, vehicles, and badges of a special police
agency may be similar to those of a local law enforcement agency.
However, there must be some insignia or mark indicating that the
officer or equipment is provided by an agency.
Sec. 10. (1) Any function performed by a special police
officer under a contract entered into as provided in section 7 is
considered to have been for public and governmental purposes, and
all immunities from liability enjoyed by the state or the political
subdivisions of this state and their officers, agents, and
employees extend to the special police agency when providing law
enforcement services as authorized by this act.
(2) Officers or employees of a special police agency providing
law enforcement and related services to a legally organized entity
under a contract entered into under section 7 are considered agents
of this state for tort liability and immunity purposes. An officer
or employee rendering services pursuant to a contract entered into
under section 7 is not liable on account of any act or omission
made in good faith on the part of the officer or employee, or on
account of the maintenance or use of any equipment or supplies in
connection with the services being rendered by the officer or
employee. As used in this subsection, "good faith" does not include
willful misconduct, gross negligence, or recklessness.
Sec. 11. The commission may promulgate rules under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, that permit a special police agency to enter into a
reciprocal agreement with other states that provides for the
recognition of registration certificates or licenses issued to a
comparable agency, a security officer, or special investigators
issued in other states.
Sec. 12. A person that violates this act is guilty of a felony
punishable by imprisonment for not more than 4 years or a fine of
not more than $5,000.00, or both.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.