Section 590.750

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 590

Effective - 16 Oct 2015, 2 histories, see footnote   

  *590.750.  Department to have sole authority to regulate and license advisors — commissioning of advisors — minimum liability insurance — acting without a license, penalty — rulemaking authority — application procedure. — 1.  The department of public safety shall have the sole authority to regulate and license all corporate security advisors.  Licensed corporate security advisors who are not also commissioned by the department shall not have the power of arrest for violations of the criminal code, except as otherwise provided by law.

  2.  The director shall have the sole authority to commission corporate security advisors.  No person shall hold a commission as a corporate security advisor without a valid peace officer license.  The director shall commission corporate security advisors as he or she deems appropriate, taking into consideration the education, training, and experience of each individual in relation to the powers of peace officers and the limitations on the powers of peace officers in regard to the constitutional rights of citizens to be secure in their persons and property.  Each individual commissioned by the department shall be issued a commission by the director of the department and before entering into the performance of his or her duties shall subscribe before the clerk of a circuit court of this state an oath, in the form prescribed by Article VII, Section 11 of the Constitution of Missouri, to support the Constitution and laws of the United States and this state; to faithfully demean himself or herself in the office; and to faithfully perform the duties of the office.  The executed oath of office, along with a copy of the individual's commission, shall be filed with the director until the commission is terminated or revoked.

  3.  The authority and jurisdiction of a corporate security advisor shall be limited only by the geographical limits of the state, unless the corporate security advisor's license is recognized by the laws or regulations of another state or the federal government.

  4.  The department shall establish a minimum amount of liability insurance to be provided by the prospective or current employer of the corporate security advisor, and require the employer to provide a statement that the corporate security advisor will be included in the policy as a named insured.

  5.  Acting as a corporate security advisor without a license from the department of public safety is a class A misdemeanor.

  6.  The director may promulgate rules to implement the provisions of this section under chapter 536 and section 590.190.

  7.  Any corporate security advisor licensed as of February 1, 2014, shall not be required to apply for a new license from the department until the advisor's license expires or is otherwise revoked.

  8.  All applications for corporate security advisor licenses shall be made upon such forms and in such manner as the director shall prescribe.  The department shall charge a fee for issuance of a license under this section in an amount, not to exceed two hundred dollars, established by regulation promulgated in accordance with the provisions of chapter 536.

  9.  Nothing in this section is intended to nor shall it be construed as a waiver of sovereign immunity or the acknowledgment or creation of any liability on the part of the state for personal injury, death, or property damage.  The department of public safety and the director shall have immunity from civil liability arising out of the commissioning of corporate security advisors under this section.

­­--------

(L. 2014 S.B. 656 merged with S.B. 852, A.L. 2015 H.B. 878)

*Effective 10-16-15, see § 21.250.  H.B. 878 was vetoed on July 10, 2015.  The veto was overridden September 16, 2015.