STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6666

November 20, 1990

ALARM SYSTEMS:

Licensure of persons monitoring alarm systems

LICENSES AND PERMITS:

Licensure of persons monitoring alarm systems

PRIVATE SECURITY GUARD ACT:

Licensure of persons monitoring alarm systems

The Department of State Police does not have the authority under the Private Security Guard Act of 1968 to issue a restricted license limited to the monitoring of alarm systems.

A contractor or subcontractor who works for an alarm system contractor must be licensed under the Private Security Guard Act of 1968 if that contractor or subcontractor will be engaged in any of the specific activities described and regulated in that Act.

Honorable Michael J. O'Brien

State Senator

The Capitol

Lansing, MI 48909

You have requested my opinion regarding two questions, both of which concern the licensing authority of the Department of State Police under the Private Security Guard Act of 1968, MCL 338.1051 et seq; MSA 18.185(1) et seq.

Section 4 of the Private Security Guard Act of 1968, MCL 338.1054; MSA 18.185(4), authorizes the Department of State Police to issue licenses in six specific categories, providing in pertinent part:

Section 2(1) of the Act, MCL 338.1052(1); MSA 18.185(2), defines the terms "alarm system agent" and "alarm system contractor" as follows:

OAG, 1987-1988, No 6520, p 330 (June 1, 1988), reviewed these provisions and concluded that the Legislature has required persons or firms to be licensed as alarm system contractors or agents if they are engaged in the monitoring of alarm systems even if they do not perform any installation or maintenance activities on such systems.

I am informed that a number of firms exist in Michigan which are engaged only in monitoring alarm systems and which are, accordingly, affected by the conclusion reached in OAG No 6520, supra. Although these firms do not perform, and do not hold themselves out as being qualified to perform, any installation or repair work on such systems, they are required to be licensed as alarm system agents or contractors. However, because a license issued to an alarm system contractor requires extensive technical knowledge regarding the installation and repair of alarm systems, the Department of State Police apparently believes that it would be desirable to issue a restricted license to such companies. It is contemplated that this restricted license would authorize a firm to perform monitoring activity only. A full, unrestricted license would continue to be required for any firm that wishes to engage in the more technically complex work of installing and repairing alarm systems. Your question is, essentially, whether the Department possesses sufficient authority to issue such a restricted license.

Where the Legislature has intended to confer upon a licensing authority the power to issue a restricted license, it has expressly so provided. See, e.g., the Public Health Code, Sec. 16182; MCL 333.16182; MSA 14.15(16182). See also, the Occupational Code, Sec. 203(2); MCL 339.203(2); MSA 18.425(203)(2). In contrast to these provisions, section 4 of the Private Security Guard Act of 1968, supra, expressly authorizes the Department to issue only six specific categories of licenses. No provision is made for the issuance of a restricted license limited to the monitoring of burglar alarm systems, nor is there any provision in the Act authorizing the Department to create a restricted license for this purpose. To the contrary, by means of the language utilized in section 2(1)(b) and (c) of the Act, the Legislature has made it clear that a person or firm engaged in the monitoring of alarm systems must be licensed as an alarm system agent or alarm system contractor.

It is a maxim of statutory construction that "Expressio unius est exclusio alterius. Express mention in a statute of one thing implies the exclusion of other similar things." Sebewaing Industries v. Village of Sebewaing, 337 Mich 530, 545; 60 NW2d 444 (1953). "When powers are granted by statute to its creature the enumeration thereof in a particular field must be deemed to exclude all others of a similar nature in that same field." Id. See also, Taylor v. Michigan Public Utilities Commission, 217 Mich 400, 403; 186 NW 485 (1922). It follows that, by expressly providing for only six specific categories of licenses, and by failing to make any provision for the imposition of restrictions upon such licenses, the Legislature has impliedly withheld that power from the Department. If the Department believes that it would be in the public interest to create a new license category limited to the monitoring of alarm systems, or to authorize the Department to impose restrictions upon such licenses, the Department may, of course, seek such authorization from the Legislature.

It is my opinion, therefore, that the Department of State Police does not have the authority under the Private Security Guard Act of 1968 to issue a restricted license limited to the monitoring of alarm systems.

Your second question may be stated as follows:

Section 3(1) of the Private Security Guard Act of 1968, MCL 338.1053(1); MSA 18.185(3)(1), provides, in pertinent part, that:

The term "alarm system contractor," as is noted above, is defined in section 2(1)(c) of the Act as including any "person, firm, company, partnership, or corporation engaged in the installation, maintenance, alteration, or servicing of alarm systems or who responds to an alarm system...." Section 2(1)(b) of the Act defines the term "alarm system agent" as including any person employed by an alarm system contractor "whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling, servicing, responding to, or causing others to respond to an alarm system."

When read in the light of these rather specific and detailed definitions, section 3(1) of the Act is quite explicit. A person or firm engaging in any of the activities described in the definitions of "alarm system agent" or "alarm system contractor" must be licensed under the Act. Thus, for example, a contractor hired by an alarm system contractor to install or service alarm equipment must possess a license under the Act. A contractor hired only to perform janitorial services, on the other hand, would not be required to obtain such a license.

It is my opinion, therefore, in response to your second question, that a contractor or subcontractor who works for an alarm system contractor must be licensed under the Private Security Guard Act of 1968 if that contractor or subcontractor will be engaged in any of the specific activities described and regulated in that Act.

Frank J. Kelley

Attorney General