A BILL TO BE ENTITLED
AN ACT to enact the campus police equity act.
The General Assembly of North Carolina enacts:
SECTION 1.  The General Statutes are amended by adding a new Chapter to read:
"Chapter 74G.
"Campus Police Equity Act.
"§ 74G‑1.  Title.
This Chapter is the "Campus Police Equity Act" and may be cited by that name.
"§ 74G‑2.  Policy and scope.
(a)	The purpose of this Chapter is to ensure a minimum level of integrity, proficiency, and competence among campus police agencies and campus police officers. To achieve this purpose, the General Assembly finds that a Campus Police Program needs to be established. As part of the Campus Police Program, the Attorney General is given the authority to certify an agency as a campus police agency and to commission an individual as a campus police officer.
(b)	A public or private educational institution engaged in providing on‑site police security personnel services for persons or property may apply to the Attorney General to be certified as a campus police agency. A campus police agency may apply to the Attorney General to commission an individual designated by the agency to act as a campus police officer for the agency.
"§ 74G‑3.  Liability insurance policy or certificate of self‑insurance required; suspension of campus police agency certification for failure to comply.
(a)	An applicant for certification as a campus police agency must file with the Attorney General either a copy of a liability insurance policy that meets the requirements of this section or a certificate of self‑insurance designating assets sufficient to satisfy the coverage requirements of this section if the applicant is a nonpublic entity. The policy or certificate of self‑insurance must provide not less than one million dollars ($1,000,000) of coverage per incident for personal injury or property damage resulting from a negligent act of the applicant or an agent or employee of the applicant operating in the course and scope of employment or under color of law. The form, execution, and terms of a liability insurance policy must meet the requirements of the Attorney General.
(b)	An insurance carrier that issues a liability insurance policy required by this section may cancel the policy upon giving 30 days' written notice to both the campus police agency and the Attorney General. The written notice must be given by certified mail, return receipt requested. Cancellation of a liability insurance policy does not affect any liability on the policy that accrued prior to the effective cancellation date.
(c)	A campus police agency that is a nonpublic entity must maintain the liability insurance policy or certificate of self‑insurance required by this section in effect at all times. The Attorney General shall suspend the certification of a campus police agency that fails to maintain a liability insurance policy or certificate of self‑insurance when required to do so by this section. A certification suspended for this reason may not be reinstated until the person whose certification was suspended files with the Attorney General an application for reinstatement and either the required liability insurance policy or certificate of self‑insurance.
"§ 74G‑4.  Powers of Attorney General.
The Attorney General has the following powers in addition to those conferred elsewhere in this Chapter:
(1)	To establish minimum education, experience, and training standards and establish and require written or oral examinations for an applicant for certification as a campus police agency, a certified campus police agency, an applicant for commission as a campus police officer, or a commissioned campus police officer.
(2)	To require a campus police agency or a campus police officer to submit reports or other information.
(3)	To inspect records maintained by a campus police agency.
(4)	To conduct investigations regarding alleged violations of this Chapter or a rule adopted under this Chapter and to make evaluations as may be necessary to determine if a campus police agency or a campus police officer is complying with this Chapter or a rule adopted under this Chapter.
(5)	To deny, suspend, or revoke a certification as a campus police agency or a commission as a campus police officer for failure to meet the requirements of or comply with this Chapter or a rule adopted under this Chapter, in accordance with Article 3 of Chapter 150B of the General Statutes.
(6)	To appear in the name of the Campus Police Program and apply to the courts having jurisdiction for injunctions to prevent a violation of this Chapter or a rule adopted under this Chapter.
(7)	To delegate the authority to administer this Chapter.
(8)	To require that the Criminal Justice Standards Division provide administrative support staff for the Campus Police Program.
(9)	To adopt rules needed to implement this Chapter, in accordance with Chapter 150B of the General Statutes.
"§ 74G‑5.  Records.
(a)	The Attorney General is the legal custodian of all books, papers, documents, or other records and property of the Campus Police Program.
(b)	Any papers, documents, or other records that become the property of the Campus Police Program and are placed in a campus police officer's personnel file maintained by the Attorney General are subject to the same restrictions concerning disclosure as set forth in Chapters 126, 153A, and 160A of the General Statutes for other personnel records.
(c)	Notwithstanding the provisions of subsection (b) of this section, the Attorney General may disclose the contents of any records maintained under the authority of this Chapter to the Criminal Justice Education and Training Standards Commission, the Sheriff's Education and Training Standards Commission, or any other criminal justice agency for certification or employment purposes.
"§ 74G‑6.  Oaths, powers, and authority of campus police officers.
(a)	Requirements. – An individual who is commissioned as a campus police officer must take the oath of office required of a law enforcement officer before the individual assumes the duties of a campus police officer. The person in each campus police agency who is responsible for the agency's campus police officers must be commissioned as a campus police officer.
(b)	Powers. – Campus police officers, while in the performance of their duties of employment, have the same powers as municipal and county police officers to make arrests for both felonies and misdemeanors and to charge for infractions on any of the following:
(1)	Real property owned by or in the possession and control of their employer.
(2)	Real property owned by or in the possession and control of a person who has contracted with the employer to provide on‑site campus police security personnel services for the property.
(3)	Any other real property while in continuous and immediate pursuit of a person for an offense committed upon property described in subdivisions (1) or (2) of this subsection.
Campus police officers shall have, if duly authorized by the superior officer in charge, the authority to carry concealed weapons pursuant to and in conformity with G.S. 14‑269(b)(5).
(c)	Jurisdiction. – Campus police officers have the same jurisdiction extended to municipal police departments pursuant to Chapter 160A of the General Statutes, including an extraterritorial jurisdiction of one mile. The Board of Trustees of any college or university that qualifies as a campus police agency pursuant to this Chapter may enter into a mutual aid agreement with the governing board of a municipality or, with the consent of the county sheriff, a county, to the same extent as a municipal police department pursuant to Chapter 160A. 
(d)	Campus Option. – Notwithstanding any of the provisions of this Chapter, the Board of Trustees of any constituent institution of The University of North Carolina may elect to have its officers certified under Chapter 17C and Chapter 116 of the General Statutes and the board of trustees of any community college may elect to have its officers certified under Chapter 17C and Chapter 115D of the General Statutes rather than requesting certification as a campus police agency and campus police commission pursuant to the provisions of this Chapter.
(e)	Exclusive Authority. – Notwithstanding any other provision of law, the authority granted to campus police officers shall be limited to the provisions of this Chapter.
"§ 74G‑7.  Badges, uniforms, weapons, and vehicles.
Campus police agencies shall be responsible for ensuring that all employees, whether or not commissioned, comply with the provisions of this Chapter and the rules adopted under this Chapter, including those provisions pertaining to the wearing of badges and uniforms, the carrying of weapons, and the operation of vehicles.
"§ 74G‑8.  Minimum standards for campus police officers.
Applicants for commission as a campus police officer and a commissioned campus police officer must meet and maintain the same minimum preemployment and in‑service standards as are required for State law enforcement officers by the North Carolina Criminal Justice Education and Training Standards Commission, and must meet and maintain any other preemployment and in‑service requirements set by the Attorney General.
"§ 74G‑9.  Compensation of campus police officers.
The compensation of a campus police officer shall be paid by the campus police agency for which the officer is commissioned, as may be agreed on between them.
"§ 74G‑10.  Expiration, renewal, and termination of agency certification or officer commission.
(a)	Agency. – Unless sooner suspended or revoked by the Attorney General, a campus police agency's certification expires on June 30 following the date it is issued. A campus police agency may renew the certification upon payment of the appropriate fee and compliance with this Chapter and the rules adopted under this Chapter. An entity whose campus police agency's certification was denied or revoked for a violation of this Chapter or a rule adopted under this Chapter is not eligible to apply again for that certification for three years.
(b)	Officer. – Unless sooner suspended or revoked by the Attorney General, a campus police officer's commission expires on June 30 following the date it is issued. A campus police officer may renew a commission upon payment of the appropriate fee and compliance with this Chapter and the rules adopted under this Chapter. The Attorney General shall immediately revoke the commission of a campus police officer when any of the following occurs:
(1)	Termination of employment with the campus police agency for which the officer is commissioned.
(2)	Termination, suspension, or revocation of the certification of the campus police agency for which the officer is commissioned.
(3)	Failure to meet in‑service training requirements as required by this Chapter or the rules adopted under this Chapter.
(4)	Violation of this Chapter or a rule adopted under this Chapter.
An individual whose campus police officer's commission was denied or revoked for a violation of this Chapter or a rule adopted under this Chapter is not eligible to apply again for a commission for three years.
"§ 74G‑11.  Immunity.
Neither the Attorney General nor any of the Attorney General's employees may be held criminally or civilly liable for any acts or omissions in carrying out the provisions of this Chapter or for the acts or omissions of agencies or officers certified or commissioned under this Chapter.
"§ 74G‑12.  Fees.
The Attorney General may charge fees for the items listed in the following table, not to exceed the amounts listed in the table:
	Item	Maximum Fee
Application for certification as	$250.00
a campus police agency
Annual renewal of certification	$200.00
as a campus police agency
Application for reinstatement of	$1,000
certification as a campus
police agency
Application for commission as a	$100.00
campus police officer
Annual renewal of commission as	$50.00
a campus police officer
Application for reinstatement of	$150.00
commission as a campus police
officer
The fees imposed under this section are not refundable. Fees collected under this section shall be applied to the cost of administering this Chapter.
"§ 74G‑13.  Penalties and enforcement.
(a)	No private person, firm, association, or corporation, and no public institution, agency, or other entity shall engage in, perform any services as, or in any way hold itself out as a campus police agency or engage in the recruitment or hiring of campus police officers without having first complied with the provisions of this Chapter. Any person, firm, association, or corporation, or their agents and employees violating any of the provisions of this Chapter shall be guilty of a Class 1 misdemeanor.
(b)	The Campus Police Program may apply in its own name to the superior court for an injunction to prevent any violation or threatened violation of this Chapter or a rule adopted under this Chapter, and the superior courts have jurisdiction to grant the requested relief, irrespective of whether or not criminal prosecution has been instituted or administrative sanctions imposed because of the violation. The venue for an action brought under this subsection shall be in any county selected by the Attorney General.
(c)	This section does not relieve a campus police agency from any civil liability for the acts of its campus police officers in exercising or attempting to exercise the powers conferred by this Chapter."
SECTION 2.  This act is effective when it becomes law.