HB-4588, As Passed Senate, October 20, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 4588

(As amended October 20, 2016)

     A bill to amend 1968 PA 330, entitled

"Private security business and security alarm act,"

by amending sections 37 and 39 (MCL 338.1087 and 338.1089), as

added by 2010 PA 68, and by adding section 37a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

private college security forces.

     (2) <<Subject to subsection (10) and consistentConsistent>> with

this act, a private college or university

in this state that has students residing in college or university

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

private college security force. The action of the governing board

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, and state and

local law under section 37a.

     (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 may 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), 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.July 12,

1968.

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

commission on the effective date of this act July 12, 1968 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 does not require the commission to

conduct the investigation or review of an applicant for employment

as a private college security officer.

House Bill No. 4588 as amended October 20, 2016

     (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) 11 of the commission on law enforcement standards act, 1965

PA 203, MCL 28.610.

<<(10) The governing board of a private college or university

that creates a private college security force under this section and

that intends to appoint private college security officers who are

sworn and fully empowered to exercise the authority and power of a

peace officer under section 37a shall ensure that not less than 50%

of those private college security officers have been employed as

certified or licensed law enforcement officers under the Michigan

commission on law enforcement standards act, 1965 PA 203, MCL 28.601

to 28.615, for not less than 5 years.>>

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.

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.

     (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.

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 92 of the 98th Legislature is enacted into

law.