May 13, 2008, Introduced by Reps. Virgil Smith and Rick Jones and referred to the Committee on Judiciary.
A bill to allow certain private colleges and universities to
create campus security forces; and to provide for certain powers
and duties of certain officers and agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"private college campus security act".
Sec. 2. As used in this act:
(a) "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.
(b) "Michigan commission on law enforcement standards" means
that body as created under section 3 of the commission on law
enforcement standards act, 1965 PA 203, MCL 28.603.
(c) "Qualified private college or university" means a private
college or private university that meets all of the following
criteria:
(i) Provides a program of education in residence, leading to a
baccalaureate degree, or provides a program in residence for which
the baccalaureate degree is a prerequisite, leading to an academic
or professional degree.
(ii) Has at least 10% of its student body residing in college
or university housing.
(iii) Is located entirely within a county with a population of
at least 1,800,000 people.
(iv) Is properly accredited by the higher learning commission:
north central association of colleges and schools.
Sec. 3. (1) The governing board of a qualified private college
or university may create a campus security department and appoint
persons to be members of that campus security department. The
governing board shall assign duties, including the enforcement of
college or university regulations, and prescribe the oath of
office.
(2) A person appointed under subsection (1) shall be known and
designated as a campus security officer and is fully empowered
under this act as a campus security officer upon being certified by
the Michigan commission on law enforcement standards as described
in subsection (3).
(3) Campus security officers must meet the law enforcement
minimum standards of the commission on law enforcement standards
act, 1965 PA 203, MCL 28.601 to 28.616, and must be certified as
law enforcement officers under that act.
(4) A qualified private college or university that creates a
campus security department under this act is subject to the
authority of the Michigan commission on law enforcement standards,
pursuant to the commission on law enforcement standards act, 1965
PA 203, MCL 28.601 to 28.616, including required maintenance of
records, recognition of subpoenas, and cooperation with
investigations. The Michigan commission on law enforcement
standards may require a written agreement relating to this section
from a qualified private college or university before certifying
any appointed campus security officers, and may impose a fee under
section 10 of the commission on law enforcement standards act, 1965
PA 203, MCL 28.610.
Sec. 4. The governing board of a qualified private college or
university shall not create a campus security department under this
act unless, before that department is created, the governing board
obtains the approval of the prosecuting attorney and the sheriff of
each county within which the qualified private college or
university owns, maintains, or controls property. If the property
of the qualified 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
qualified 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 qualified
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 law enforcement agency is needed to
assure adequate public safety on the property of the qualified
private college or university.
Sec. 5. Revocation of a campus security officer's
certification by the commission on law enforcement standards shall
be governed by section 9b of the commission on law enforcement
standards act, 1965 PA 203, MCL 28.609b.
Sec. 6. A writing prepared, owned, used, in the possession of,
or retained by a qualified private college or university in
connection with a campus security department created under this act
is subject to the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
Sec. 7. Upon being appointed under this act and certified as
law enforcement officers under the commission on law enforcement
standards act, 1965 PA 203, MCL 28.601 to 28.616, campus security
officers have the power to make arrests for violations of state
statutes, local ordinances, and the ordinances and regulations of
the governing board. That power may be exercised only on property
owned or leased by the qualified private college or university
wherever situated in this state and the public right-of-way
traversing or contiguous to that property for the protection of
students, employees, visitors, and their property, and the property
of the qualified private college or university unless otherwise
authorized under law by a memorandum of understanding with the
county sheriff or chief of police within whose jurisdiction the
college or university lies. Campus police may not serve civil
process.
Sec. 8. The governing board of a qualified private college or
university shall not grant powers and authority to the campus
security officers of the qualified private college or university
unless, before those powers and authority are granted, the
governing board establishes a campus police department oversight
committee. The committee shall be composed of individuals nominated
and elected by the faculty, students, and staff of the qualified
private college or university. The committee shall include 2
students, 2 members of the faculty, and 2 members of the staff. The
committee shall receive and address grievances by persons against
the campus security officers or the campus security department of
the qualified private college or university. The committee may
recommend to the governing board that disciplinary measures be
taken by the qualified private college or university against a
campus security officer who is found responsible for misconduct in
office.
Sec. 9. Members of the campus security department at a
qualified 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 campus security officers shall be
distinctive from those of the local law enforcement agency where
the campus is located.
Sec. 10. The governing board of a qualified private college or
university that creates a campus security department shall provide
liability insurance coverage for each member of the campus security
department without cost to the member, which will insure the member
against any liability which arises 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.
Enacting section 1. This act does not take effect unless
Senate Bill No.____ or House Bill No. 6110(request no. 01906'07 a)
of the 94th Legislature is enacted into law.