HB-5095, As Passed House, December 9, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 5095

     A bill to amend 1968 PA 330, entitled

"Private security business and security alarm act,"

by amending the title and sections 2, 3, 4, 7, 8, 9, 14, 17, 19,

25, and 29 (MCL 338.1052, 338.1053, 338.1054, 338.1057, 338.1058,

338.1059, 338.1064, 338.1067, 338.1069, 338.1075, and 338.1079),

the title and sections 2, 3, 7, 14, 17, 19, and 29 as amended by

2002 PA 473, sections 4 and 8 as amended by 2000 PA 411, and

sections 9 and 25 as amended by 2004 PA 270, and by adding sections

6a, 37, 38, 39, 40, 41, and 42.

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, 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 the certain powers and duties of the certain private

colleges and certain state departments, of state police and

consumer and industry services agencies, and officers.

     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) (a) "Department" means the department of consumer and

industry services 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) (b) "Licensee" means a sole proprietorship, firm, company,

partnership, limited liability company, or corporation licensed

under this act.

     (e) "Private college security force" means a security force

created under section 37.

(f) (c) "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) (d) "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.

(h) (e) "Security alarm system" means a detection device or an

assembly of equipment and devices arranged to signal the presence

of a hazard requiring 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.

(i) (f) "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.

(j) (g) "Security alarm system contractor" means a sole

proprietorship, firm, company, partnership, limited liability

company, or corporation 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 protected premises.

(k) (h) "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 security alarm systems for the

protection of persons and property, 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 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 , by 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, 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 private detective license act of 1965,

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.

     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.

     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) The 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.

     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.

     Sec. 9. (1) The department, when satisfied of the good

character, competence, and integrity of the applicant, or if the

applicant is a firm, company, partnership, limited liability

company, or corporation, of its individual members or officers, or,

if the applicant is a private college or university, of its

governing board, shall issue to the applicant a license. Beginning

October 1, 2004, the The issuance of the license is conditioned

upon 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 a security alarm system contractor, and

upon the applicant's executing, delivering, and filing with the

department a bond in the sum of $25,000.00. Beginning October 1,

2002 and until October 1, 2004, the issuance of the license is

conditioned upon the applicant's paying to the department for each

license $1,000.00 if a sole proprietorship, or $1,500.00 if a

private security firm, company, partnership, limited liability

company, or corporation, or $1,500.00 if a security alarm system

contractor, and upon the applicant's executing, delivering, and

filing with the department a bond of $25,000.00. The bond shall be

conditioned upon the faithful and honest conduct of the business by

the applicant and shall be approved by the department. In lieu of a

bond, the applicant may furnish a policy of insurance issued by an

insurer authorized to do business in this state naming the licensee

and the state as coinsureds in the amount of $25,000.00 for

property damages, $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 of

the people of the state and 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. The fee changes effective October

1, 2002 until October 1, 2004 in this section and section 25 are

considered necessary to cover the actual costs of the licensure

program under this act and shall only be used for administration of

that licensure program. The department and the department of state

police shall each issue a report to the appropriations

subcommittees having jurisdiction over their department not later

than April 1, 2003, on whether the fee changes in this section and

section 25 are adequate to support the licensure program under this

act.

     (2) If a licensee desires to open a branch office, he or she

may receive a license for that branch following approval as

required in section 7 and payment to the department of the

following:

     (a) Beginning October 1, 2004, 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.

     (b) Beginning October 1, 2002 and until October 1, 2004, an

additional fee of $250.00 for each private security branch office

license and $500.00 for each security alarm system contractor

branch office license.

     (3) The additional license issued under subsection (2) shall

be posted in a conspicuous place in the branch office and shall

expire on the same date as the initial license.

     (4) Subject to subsection (5), if the license is denied,

revoked, or suspended for cause, no refund shall be made of the

license fees or a part thereof of the license fees.

     (5) Beginning the effective date of the amendatory act that

added this subsection July 23, 2004, the department shall issue an

initial or renewal license not later than 180 days after the

applicant files a completed application. Receipt of the application

is considered the date the application is received by any agency or

department of the state of Michigan. If the 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 of the

incomplete application, describing the deficiency and requesting

the additional information. The 180-day period is tolled upon

notification by the department 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 application for the license and does

not confer eligibility of an applicant determined otherwise

ineligible for issuance of a license.

     (6) If the department fails to issue or deny a license within

the time required by 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 failure to issue a

license within the time required under this section does not allow

the department to otherwise delay the processing of the

application, and that application, upon completion, shall be placed

in sequence with other completed applications received at that same

time. The department shall not discriminate against an applicant in

the processing of the application based upon the fact that the

license fee was refunded or discounted under this subsection.

     (7) Beginning October 1, 2005, 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).

     (b) The number of applications denied.

     (c) The number of applicants not issued a license within the

180-day time period and the amount of money returned to licensees

and registrants under subsection (6).

     (8) The fees collected by the department under this section

shall be deposited into the security business fund created in

subsection (9).

     (9) The security business fund is created within 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 appropriation, only for

enforcement and administration of this act.

     (10) As used in this section, "completed application" means an

application complete on its face and submitted with any applicable

licensing fees as well as 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 but not from

another department or agency of the state of Michigan.

     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.

     Sec. 17. (1) A licensee may employ as many persons as he or

she considers necessary to assist him or her in his or her work of

security alarm system contractor, private security police, private

college security force, or private security guard and in the

conduct of his or her business, and at all times during the

employment is accountable for the good conduct in the business of

each person so employed.

     (2) Employees in the employ of a licensee after March 28, 2001

shall meet the qualifications outlined in section 6(1)(c), (e),

(j), and (k), 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 on or before March 28, 2001 shall meet the

qualifications outlined in section 6(1)(d), (e), (j), and (k), be

at least 18 years of age, and have had at least an eighth grade

education or its equivalent. Employees hired by a licensee after

the effective date of the amendatory act that added this sentence

June 21, 2002 shall meet the qualifications outlined in section

6(1)(c), (e), (j), and (k), be at least 18 years of age, and have

at least a high school diploma, a GED, or its equivalent.

     (3) A licensee shall keep and maintain in this state adequate

and complete personnel information on all persons employed by him

or her. 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 department by

April 15, July 15, October 15, and January 15 for the preceding

quarter. Failure to submit accurate rosters shall be is cause for

suspension of the license. A renewal application shall not be

processed if the 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

is or has been in his or her 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, 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. 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.

     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 the following:

     (a) Beginning October 1, 2004, 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.

     (b) Beginning October 1, 2002 and until October 1, 2004, a

renewal fee of $1,000.00 if a sole proprietorship, $1,500.00 if a

private security guard firm, company, partnership, limited

liability company, or corporation, or $1,500.00 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 such 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).

     Sec. 29. (1) The licensure 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 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 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 person, firm, limited liability

company, business organization, 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 a private security police employer or private

college security force employer as described in this section

provides the employee with a pistol for the purpose of protecting

the property of the employer, the pistol shall be 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 subject to the provisions

of sections 17(1) and 19(1).

     Sec. 37. (1) This section and sections 38 to 42 apply only to

private college security forces.

     (2) Consistent with this act, a private college or university

in this state that has students residing in college or university

housing, through action of its governing board, may authorize a

private college security force. The action of the governing board

House Bill No. 5095 (H-2) as amended December 9, 2009

shall do all of the following:

     (a) Authorize a private college security force.

     (b) Authorize appointment of persons to be members of that

private college security force.

     (c) Authorize the assignment of duties, including the

enforcement of college or university regulations.

     (d) Prescribe the oath of office.

     (e) Limit employment to those individuals who meet the

requirements of subsections [(4), (5), (6), and (7)] and section 40.

     (3) A person appointed under subsection (2) shall be known and

designated as a private college security officer and is fully

empowered under this act as a private college security officer upon

being appointed by a private college or university licensed under

this act.

     (4) Except as provided in subsection (7), a private college

security officers must meet the selection qualifications prescribed

in R 28.14203, R 28.14204, and R 28.14209 of the Michigan

administrative code, and must meet the standards and requirements

applicable to at least 1 category of recruits as set forth in R

28.14313 (military preservice recruits), R 28.14314 (basic

recruits), R 28.14315 (preservice recruits and preservice college

recruits), R 28.14316 (preservice college recruits), and R 28.14317

(agency basic recruits) of the Michigan administrative code, as

promulgated by the commission.

     (5) Private college security forces are subject to the

provisions of R 28.14318, R 28.14319, and R 28.14320 of the

Michigan administrative code, as promulgated by the commission.

     (6) Except as provided in subsection (7), private college

security officers may participate in the recognition of prior basic

law enforcement training and experience program as prescribed in R

28.14401, R 28.14402, R 28.14403, R 28.14404, R 28.14405, R

28.14406, R 28.14407, R 28.14408, R 28.14409, R 28.14410, R

28.14413, and R 28.14414 of the Michigan administrative code, as

promulgated by the commission.

     (7) Subsections (4), (5), and (6) do not apply to an

individual who meets all of the following requirements:

     (a) He or she is employed as a security officer by a private

college or university on the effective date of this act.

     (b) He or she is certified as a law enforcement officer by the

commission on the effective date of this act or was previously

certified as a law enforcement officer by the commission while

employed by the private college or university as a law enforcement

officer but that certification became void during that period of

employment.

     (c) The private college or university authorizes the creation

of a private college security force under this act.

     (8) Investigations conducted to determine if a candidate for

appointment as a private college security officer meets the

selection qualifications, standards, and requirements in subsection

(4) are governed by R 28.14601, R 28.14602, R 28.14603, R 28.14604,

R 28.14606, R 28.14608, and R 28.14609 of the Michigan

administrative code, as promulgated by the commission. This section

shall not be interpreted to require the commission to conduct the

investigation or review of an applicant for employment as a private

college security officer.

     (9) The governing board of a private college or university

that creates a private college security force under this section

may be subject to a fee payable to the commission under section

10(2) of the commission on law enforcement standards act, 1965 PA

203, MCL 28.610.

     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.

     Sec. 39. 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. That power may be exercised only on property owned or

leased by the private college or university wherever situated.

Private college security officers are not certified as law

enforcement officers under the commission on law enforcement

standards act, 1965 PA 203, MCL 28.601 to 28.616.

     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.

     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.

     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.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 5094 of the 95th Legislature is enacted into

law.