_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING LAWS RELATED TO PRIVATE SECURITY; REPEALING THE BOARD OF PRIVATE SECURITY; TRANSFERRING AUTHORITY FROM THE BOARD OF PRIVATE SECURITY TO A DEPARTMENT PROGRAM; ELIMINATING LICENSURE OF ALARM RESPONSE RUNNERS, BRANCH OFFICES OF PRIVATE SECURITY COMPANIES, AND RESIDENT MANAGERS OF PRIVATE SECURITY COMPANIES; REQUIRING the DESIGNATION OF A manager; COMBINING PROPRIETARY AND CONTRACT PRIVATE SECURITY COMPANIES INTO A SINGLE LICENSE TYPE; PROVIDING RULEMAKING authority; revising definitions; AMENDING SECTIONS 25-1-1104, 37-1-401, 37-60-101, 37-60-103, 37-60-104, 37-60-105, 37-60-202, 37-60-301, 37-60-303, 37-60-304, 37-60-314, 37-60-320, 37-60-403, 37-60-404, 37-60-405, 37-60-407, 37-60-411, AND 45-8-338, MCA; and REPEALING SECTIONS 2-15-1781, 37-60-201, 37-60-211, 37-60-302, AND 37-60-309, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 25-1-1104, MCA, is amended to read:

"25-1-1104. Handbook for process servers. (1) The department of labor and industry shall publish a handbook for process servers and levying officers.

(2) The board of private security, established in 2-15-1781, department of labor and industry shall develop and administer an examination for applicants for registration as a process server based on the handbook.

(3) The department of labor and industry may charge a reasonable examination fee to cover the costs of publishing the handbook and administering the examination provided for in this section."

Section 2. Section 37-1-401, MCA, is amended to read:

"37-1-401. Uniform regulation for licensing programs without boards -- definitions. As used in this part, the following definitions apply:

(1) "Complaint" means a written allegation filed with the department that, if true, warrants an injunction, disciplinary action against a licensee, or denial of an application submitted by a license applicant.

(2) "Department" means the department of labor and industry provided for in 2-15-1701.

(3) "Investigation" means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a complaint or other information before the department, that is carried out for the purpose of determining:

(a) whether a person has violated a provision of law justifying discipline against the person;

(b) the status of compliance with a stipulation or order of the department;

(d) whether the department should seek an injunction.

(4) "License" means permission in the form of a license, permit, endorsement, certificate, recognition, or registration granted by the state of Montana to engage in a business activity or practice at a specific level in a profession or occupation governed by:

(a) Title 37, chapter 35, 60, 72, or 73; or

(b) Title 50, chapter 39, 74, or 76.

(5) "Profession" or "occupation" means a profession or occupation regulated by the department under the provisions of:

(a) Title 37, chapter 35, 49, 60, 72, or 73; or

(b) Title 50, chapter 39, 74, or 76."

Section 3. Section 37-60-101, MCA, is amended to read:

"37-60-101. Definitions. As used in this chapter, the following definitions apply:

(1) "Alarm response runner" means an individual employed by an electronic security company, a contract security company, or a proprietary security organization to respond to security alarm system signals.

(2)(1) "Armed" means an individual who at any time wears, carries, or possesses a firearm an endorsement authorizing a private investigator or a private security guard to possess and use one or more firearms in the performance of professional duties according to training and reporting requirements prescribed by this chapter and department rule.

(3)(2) "Armed carrier service" means any person or security company who transports or offers to transport under armed private security guard from one place to another any currency, documents, papers, maps, stocks, bonds, checks, or other items of value that require expeditious delivery a private security firm that provides the transport or the offer to transport items of value under an armed private security guard.

(4) "Armed private investigator" means a private investigator who at any time wears, carries, or possesses a firearm in the performance of the individual's duties.

(5) "Armed private security guard" means an individual employed by a contract security company or a proprietary security organization whose duty or any portion of whose duty is that of a security guard, armored car service guard, or carrier service guard and who at any time wears or carries a firearm in the performance of the individual's duties.

(6) "Armored car service" means any person or security company who transports or offers to transport under armed private security guard from one place to another any currency, jewels, stocks, bonds, paintings, or other valuables of any kind in a specially equipped motor vehicle that offers a high degree of security.

(7) "Board" means the board of private security provided for in 2-15-1781.

(8) "Branch office" means any office of a licensee within the state, other than its principal place of business within the state.

(9) "Contract security company" means any person who undertakes to provide a private security guard, alarm response runner, armored car service, street patrol service, or armed carrier service on a contractual basis to another person who exercises no direction and control over the performance of the details of the services rendered.

(10)(3) "Department" means the department of labor and industry provided for in 2-15-1701.

(11)(4) (a) "Electronic security company firm" means a person who sells, installs, services, or maintains a security alarm system and who undertakes to hire, employ, and provide alarm response runners and employs security alarm installers on a contractual basis to another person who does not exercise direction and control over the performance of the services rendered.

(b) The term does not include a person whose primary business is that of a locksmith and who may also install closed-circuit television cameras and battery-operated door devices.

(12) "Firearms course" means the course approved by the board and conducted by a firearms instructor.

(13) "Firearms instructor" means an individual who has been approved by the board to instruct firearms courses in the use of weapons.

(14) "Insurance adjuster" means a person employed by an insurance company, other than a private investigator, who for any consideration conducts investigations in the course of adjusting or otherwise participating in the disposal of any claims in connection with a policy of insurance but who does not perform surveillance activities or investigate crimes against the United States or any state or territory of the United States.

(15)(5) "Licensee" means a person licensed under this chapter.

(16) "Paralegal" or "legal assistant" means a person qualified through education, training, or work experience to perform substantive legal work that requires knowledge of legal concepts and that is customarily but not exclusively performed by a lawyer and who may be retained or employed by one or more lawyers, law offices, governmental agencies, or other entities or who may be authorized by administrative, statutory, or court authority to perform this work.

(17) "Person" means an individual, firm, company, association, organization, partnership, or corporation.

(18)(6) "Private investigator" means a person other than an insurance adjuster an individual who for any consideration makes or agrees to make any investigation with reference relevant to:

(a) crimes against the United States or any state or territory of the United States;

(b) the identity, habits, conduct, business, occupation, honesty, integrity, trustworthiness, efficiency, loyalty, activity, movement, location, affiliations, associations, transactions, reputation, or character of any person;

(d) the cause of or responsibility for any fires, libels, losses, accidents, or injury to persons or property; or

(e) gathering evidence to be used before any court, board, officer, or investigating committee.

(7) "Private security firearms instructor" means an individual who instructs private investigators and private security guards in the use of firearms that may be used while performing professional duties.

(8) "Private security firm" means a person who provides one or more of the following:

(a) private security guard services;

(b) armed private security guard services; or

(19)(9) "Private security guard" means an individual employed or assigned duties by a private security firm to protect a person or property or both a person and property from criminal acts and whose duties or any portion of whose duties include but are not limited to the prevention of unlawful entry, theft, criminal mischief, arson, or trespass on private property or the direction of the movements of the public persons or property or to direct public movement in public areas.

(20)(10) "Process Registered process server" means a person described in 25-1-1101(1).

(21) "Proprietary security organization" means any person who employs a private security guard, alarm response runner, armored car service, street patrol service, or armed carrier service on a routine basis solely for the purposes of that person and exerts direction and control over the performance of the details of the service rendered.

(22) "Resident manager" means the person appointed to exercise direct supervision, control, charge, management, or operation of each office located in this state where the business of the licensee is conducted.

(23)(11) (a) "Security alarm installer" means an individual who sells, installs, services, or maintains employed by an electronic security firm to sell, install, service, or maintain security alarm systems to detect and signal unauthorized intrusion, movement, break-in, or criminal acts and is employed by an electronic security company.

(b) The term does not include a person whose primary business is that of a locksmith and who may also install closed-circuit television cameras and battery-operated door devices.

(24)(12) (a) "Security alarm system" means an assembly of equipment and devices or a single device or a portion of a system intended to detect or signal or to both detect and signal unauthorized intrusion, movement, or criminal acts at a location.

(b) The term does not include systems that monitor temperature, humidity, or any other atmospheric condition not directly related to the detection of an unauthorized intrusion or criminal act at a location.

(25) "Security company" means an electronic security company, a proprietary security organization, or a contract security company.

(26) "Street patrol service" means a person providing patrols by means of foot, vehicle, or other method of transportation using public streets, thoroughfares, or property in the performance of the person's duties and responsibilities.

(27) "Unarmed private investigator" means a private investigator who does not wear, carry, or possess a firearm in the performance of the individual's duties.

(28) "Unarmed private security guard" means an individual who is employed by a contract security company or a proprietary security organization, whose duty or any portion of whose duty is that of a private security guard, armored car service guard, or alarm response runner, and who does not wear, carry, or possess a firearm in the performance of those duties."

Section 4. Section 37-60-103, MCA, is amended to read:

"37-60-103. Purpose. The purpose of this chapter is to increase the levels of integrity, competency, and performance of security companies and their employees who are required to be licensed, firearms instructors, private investigators, and process servers to safeguard regulate the qualifications and standards of practice of private security firms, electronic security firms, private investigators, private security firearms instructors, private security guards, registered process servers, and security alarm installers to protect the public health, safety, and welfare against illegal, improper, or incompetent actions committed by security companies and their licensed employees, firearms instructors, private investigators, or process servers."

Section 5. Section 37-60-104, MCA, is amended to read:

"37-60-104. Restrictions on contract private security company and proprietary security organization firms. An employee of a contract private security company or proprietary security organization firm may not make any investigation or investigations except those that are incidental to the theft, loss, embezzlement, misappropriation, or concealment of any property or any other thing that the employee has been hired or engaged to protect, guard, or watch."

Section 6. Section 37-60-105, MCA, is amended to read:

"37-60-105. Exemptions. (1) Except as provided in subsection (2), this This chapter does not apply to:

(a) any one person an individual employed singly and exclusively by any one employer an employer other than a private security firm in connection with the affairs of that employer only and when there exists an employer-employee relationship and the employee is unarmed, does not wear a uniform, and is guarding inside a structure that at the time is not open to the public;

(b) a person an individual:

(i) employed singly and exclusively by a retail merchant as a private security guard;

(ii) performing at least some work for the retail merchant as a private security guard; and

(iii) who has received training as a private security guard from the employer or at the employer's direction;

(c) an officer or employee of the United States, of this state, or of a political subdivision of the United States or this state while the officer or employee is engaged in the performance of official duties;

(d) a person engaged exclusively in the business of obtaining and furnishing an individual who provides information as to about the financial rating of persons or as to the personal, financial habits, and financial responsibility of applicants for insurance, indemnity bonds, or commercial credit;

(e) an attorney at law while performing duties as an attorney at engaged in the practice of law;

(f) a law student, legal intern, paralegal, or legal assistant employed by under the direction of one or more lawyers, law offices, governmental agencies, or other entities attorneys;

(g) a law student who is serving a legal internship;

(h)(g) a collection agency or finance company licensed to do business under the laws of this state, or an employee of a collection agency or finance company licensed in this state while acting within the scope of employment, while making an investigation incidental to the business of the agency or company, including an investigation of the location of a debtor or the debtor's property when the contract with an assignor creditor is for the collection of claims owed or due or asserted to be owed or due or the equivalent;

(i)(h) special agents employed by railroad companies, provided that the railroad company notifies the board that its agents are operating in the state;

(j)(i) insurers and insurance producers and insurance brokers licensed by the state while performing duties in connection with insurance transacted by them;

(k)(j) individuals engaged in the collection and examination of physical material for forensic purposes;

(l)(k) an insurance adjuster, as defined in 37-60-101 who investigates insurance claims to determine the extent of liability under an insurance policy but does not engage in surveillance or investigate crime;

(m)(l) an internal investigator or auditor while making an investigation incidental to the business of the agency or company by which the investigator or auditor is singularly and regularly employed;

(n)(m) a person an individual who evaluates and advises management on personnel and human resource issues in the workplace;

(n) a confidential intermediary under 42-6-104; or

(o) a certified public accountant with a license or permit to practice or a practice privilege under 37-50-314 or 37-50-325 to the extent that the person is engaged in an investigation relating to the practice of accounting.

(2) (a) Except as provided in subsection (2)(b), persons listed as exempt in subsection (1) are not exempt for the purposes of acting as registered process servers.

(b) Subsection (2)(a) does not apply to attorneys or persons who make 10 or fewer services of process in a calendar year, as provided in 25-1-1101."

Section 7. Section 37-60-202, MCA, is amended to read:

"37-60-202. Rulemaking power. The board department shall adopt and enforce rules:

(1) fixing establishing the qualifications of resident managers, licensees, holders of identification cards, and process servers, in addition to those prescribed in Title 25, chapter 1, part 11, and in this chapter, necessary to promote and protect the public welfare for licensure and standards of practice for licensees under this chapter and for registered process servers under Title 25, chapter 1, part 11;

(2) establishing, in accordance with 37-1-134, application fees for original licenses and identification cards, and providing for refunding of any fees;

(3) (a) requiring approval of the board prior to the establishment of branch offices of any licensee; and

(b) establishing qualification requirements and license fees for branch offices identified in subsection (3)(a);

(4) for the certification of private investigator, private security guard, security alarm installer, and alarm response runner training programs, including the certification of firearms training programs;

(5) for the licensure of firearms instructors;

(6)(2) for the approval of weapons;

(7)(3) requiring licensees, except registered process servers, to file an insurance policy with the board department; and

(8)(4) providing for the issuance of probationary identification cards for private investigators and security alarm installers who do not meet the experience or examination requirements for age, employment experience, or written examination."

Section 8. Section 37-60-301, MCA, is amended to read:

"37-60-301. License Private security license required -- process server registration required -- armed endorsement. (1) (a) Except as provided in 37-60-105, it is unlawful for any Unless licensed under Title 37, chapter 1, and this chapter, a person to act as or perform the duties, as defined in 37-60-101, of a contract security company, a proprietary security organization, may not practice as:

(a) a private security firm;

(b) an electronic security company, a branch office, firm;

(d) a security alarm installer, an alarm response runner, a resident manager,;

(e) a certified private security firearms instructor,; or

(f) a private security guard without having first obtained a license from the board.

(b)(2) Except as provided in 25-1-1101(2), it is unlawful for any person to act as or perform the duties of a process server for more than 10 services of process in a calendar year without being issued a certificate of registration by the board a person may not practice as a registered process server or use the title "registered process server" without a registration issued by the department.

(3) A private investigator or a private security guard may not possess or use firearms while performing professional duties without meeting the qualifications specified by the department and maintaining a current armed endorsement from the department.

(2)(4) It is unlawful for any unlicensed person to act as, pretend to be, or represent to the public that the person is licensed, registered, or endorsed as a contract security company, a proprietary security organization, an electronic security company, a branch office, a private investigator, a security alarm installer, an alarm response runner, a resident manager, a certified firearms instructor, or a private security guard any of the license types listed in subsections (1) through (3).

(3)(5) A person appointed by the court as a confidential intermediary under 42-6-104 is not required to be licensed under this chapter. A person who is licensed under this chapter is not authorized to act as a confidential intermediary, as defined in 42-1-103, without meeting the requirements of 42-6-104.

(4) A person who knowingly engages an unlicensed contract security company, proprietary security organization, electronic security company, branch office, private investigator, security alarm installer, alarm response runner, resident manager, certified firearms instructor, or private security guard is guilty of a misdemeanor punishable under 37-60-411."

Section 9. Section 37-60-303, MCA, is amended to read:

"37-60-303. License or registration Private security services licensure qualifications -- fingerprinting -- insurance. (1) Except as provided in subsection (7)(a), an An applicant for licensure under this chapter or an applicant for registration as a process server under this chapter is subject to the provisions of this section and as a private investigator, private security firearms instructor, private security guard, registered process server, or security alarm installer shall submit evidence satisfactory to the department that the applicant:

(a) is at least 18 years of age;

(b) is a citizen of the United States or a legal, permanent resident of the United States has completed high school or equivalent education;

(c) has not been convicted in any jurisdiction of any felony or any crime involving moral turpitude or illegal use or possession of a dangerous weapon, for which a full pardon or similar relief has not been granted meets character and fitness for licensure as demonstrated by a lack of unprofessional conduct; and

(d) has not been judicially declared incompetent by reason of any mental disease or disorder or, if so declared, has been fully restored;

(e) is not suffering from habitual drunkenness or from narcotics addiction or dependence;

(f) is of good moral character; and

(g)(d) has complied with other experience qualifications as may be set by the rules of the board has successfully completed training, experience, and examination requirements as the department may prescribe by rule.

(2) In addition to meeting the qualifications in subsection (1), an applicant for licensure as a private security guard, security alarm installer, or alarm response runner shall:

(a) complete the requirements of a training program certified by the board and provide, on a form prescribed by the department, written notice of satisfactory completion of the training; and

(b) fulfill other requirements as the board may by rule prescribe.

(3) In addition to meeting the qualifications in subsection (1), each applicant for a license to act as a private investigator shall submit evidence under oath that the applicant:

(a) is at least 21 years of age;

(b) has at least a high school education or the equivalent;

(d) has fulfilled any other requirements as the board may by rule prescribe.

(4) The board may require an applicant to demonstrate by written examination additional qualifications as the board may by rule require.

(5) An applicant for a license as a private security patrol officer or private investigator who will wear, carry, or possess a firearm in performance of the applicant's duties shall submit written notice of satisfactory completion of a firearms training program certified by or satisfactory to the board, as the board may by rule prescribe.

(6) Except for an applicant subject to the provisions of subsection (7)(a), the board shall require a background investigation of each applicant for licensure or registration under this chapter that includes a fingerprint check by the Montana department of justice and the federal bureau of investigation.

(2) In accordance with 34 U.S.C. 40316, the department shall require private investigator, private security firearms instructor, private security guard, registered process server, and security alarm installer license applicants to submit a full set of fingerprints to obtain a national criminal history background check by the Montana department of justice and the federal bureau of investigation for the purposes of licensure.

(7)(3) (a) A firm, company, association, partnership, limited liability company, corporation, or other entity that intends to engage in business governed by the provisions of this chapter An applicant for licensure as a private security firm must:

(a) be incorporated under the laws of this state or lawfully organized and registered with the secretary of state or otherwise qualified to do business within this state and must be licensed by the board or, if doing business as a process server, must be registered by the board. ; and

(b) Individual employees, officers, directors, agents, or other representatives of an entity described in subsection (7)(a) who engage in duties that are subject to the provisions of this part must be licensed pursuant to the requirements of this part or, if doing business as a process server, must be registered by the board designate a manager to act as the primary contact between the firm and the department."

Section 10. Section 37-60-304, MCA, is amended to read:

"37-60-304. Licenses and registration -- application Application form and content. (1) An application for a license or for a certificate of registration as a process server must be submitted to the department and accompanied by the application fee set by the board.

(2)(1) An application must be made under oath and must include: applicant for licensure under this chapter must complete an application on a form, pay a fee prescribed by the department, and include

(a) the full name and address of the applicant;

(b) the name under which the applicant intends to do business;

(d) a statement as to whether the applicant desires to be licensed as a contract security company, a proprietary security organization, an electronic security company, a branch office, a certified firearms instructor, a private investigator, a security alarm installer, an alarm response runner, a resident manager, or a private security guard or registered as a process server;

(e) except for an applicant pursuant to 37-60-303(7)(a), one recent photograph of the applicant, of a type prescribed by the department, and one classifiable set of the applicant's fingerprints;

(f) a statement of the applicant's age and experience qualifications, except for an applicant pursuant to 37-60-303(7)(a); and

(g) other information, evidence, statements, or documents as may be prescribed by the rules of the board department.

(3) The board shall verify the statements in the application.

(4)(2) The submittal of fingerprints is a prerequisite to the issuance of a license or certificate of registration to an applicant, other than an applicant under 37-60-303(7)(a), by means of fingerprint checks by the Montana department of justice and the federal bureau of investigation On verification of each applicant's qualifications and fitness for licensure, endorsement, or registration, the department shall issue a license, subject to the renewal and termination provisions of 37-1-141."

Section 11. Section 37-60-314, MCA, is amended to read:

"37-60-314. Nontransferability of license -- record changes. (1) A license issued under this chapter is not transferable.

(2) A licensee shall notify the board department within 5 days of any change in its officers or directors, name, address, employment, or other material change in the information previously furnished or required to be furnished to the board department or any other material change or occurrence that could reasonably be expected to affect the licensee's right to a license. Upon On the change or occurrence, the board department may suspend or revoke the license or may allow the business to be carried on for a temporary period under terms and conditions as the board department may require.

(3) This section may not be applied to restrict the sale of a business if the buyer qualifies for a license under the provisions of this chapter."

Section 12. Section 37-60-320, MCA, is amended to read:

"37-60-320. Fees. (1) The fees prescribed by the board and collected by the department must be deposited into in the state special revenue fund for the use of the board established to administer the provisions of this chapter, subject to 37-1-101(6).

(2) The department shall keep an accurate account of funds received and vouchers issued by the department."

Section 13. Section 37-60-403, MCA, is amended to read:

"37-60-403. Licensee advertising. Every advertisement by a licensee soliciting or advertising business must contain the licensee's name, address, and license number as they appear in the records of the board department."

Section 14. Section 37-60-404, MCA, is amended to read:

"37-60-404. Duty to maintain employee records. Each employer private security firm, electronic security firm, and private investigator shall maintain a record containing information relative to the employer's employees that may be and produce, on department request, employment and training records as prescribed by the board department rule."

Section 15. Section 37-60-405, MCA, is amended to read:

"37-60-405. Approval of weapons. The weapons to be carried by armed licensees or holders of identification cards as private security personnel or private investigators must be approved by the board department."

Section 16. Section 37-60-407, MCA, is amended to read:

"37-60-407. Regulation of uniforms, badges, and equipment. (1) No licensee or officer, director, partner, manager, or employee of a licensee may wear, carry, or display a badge in connection with the activities of the licensee's business.

(2)(1) The board is authorized to department shall establish rules regulating uniforms and any, badges, identification cards, emblems, patches, insignias, and or other devices that may be either worn or displayed on uniforms, vehicles, or equipment used by any private security firm, electronic security firm, or private investigator.

(2) The department shall design the rules to clearly distinguish any licensee conducting private security functions and avoid confusion with government law enforcement personnel."

Section 17. Section 37-60-411, MCA, is amended to read:

"37-60-411. Penalties -- investigation -- enforcement -- review. (1) Any person who violates any of the provisions of this chapter or who conspires with another person to violate any of the provisions of this chapter relating to licensure is guilty of a misdemeanor punishable by a fine of not more than $1,000, by imprisonment of not more than 1 year, or by both fine and imprisonment.

(2) The board department shall:

(a) gather evidence of violations of this chapter, and of any rule established pursuant to this chapter, by persons engaged in a business subject to licensure under this chapter who fail to obtain licenses; and

(b) furnish that evidence to prosecuting officers of any county or city.

(3) The prosecuting officer of any county or city shall prosecute all violations of this chapter occurring within the prosecutor's jurisdiction."

Section 18. Section 45-8-338, MCA, is amended to read:

"45-8-338. Firearms certificates for qualified retired law enforcement officers.(1) The purpose of this section is to establish a process for issuing proof of firearms qualifications to a resident of the state who is otherwise a qualified retired law enforcement officer as defined in 7-32-201, or a peace officer as defined in 46-1-202, under the Federal Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926B and 926C, for the purpose of satisfying the qualification requirements contained in that act.

(2) A retired law enforcement officer or peace officer satisfies the federal certification requirements if the officer possesses a valid firearms qualification certificate that:

(a) uses a current target from any law enforcement agency in the state that may be used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active-duty officers within the state that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the state or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within the state to have met the requirements under the Federal Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926B and 926C;

(b) provides that either a law enforcement agency as defined in 7-32-201 or an individual or entity certified licensed to provide firearms training as provided in 37-60-101 acknowledges that the bearer has been found qualified or otherwise found to meet the standards established by the firearms qualification for the peace officer basic course at the Montana law enforcement academy; and

(3) The firearms certification is valid for a period of 1 year from the date that the law enforcement agency or individual or entity verified that the firearms qualification standards were met by the bearer on an equivalency course of fire established by any law enforcement agency in the state as an appropriate standard duty qualification course as it would relate to qualified retired officers. The date of the successful qualification must be on the certification card.

(4) The retired law enforcement officer or peace officer is responsible for paying the costs of the firearms qualification required under subsection (2)."

NEW SECTION. Section 19. Repealer. The following sections of the Montana Code Annotated are repealed:

2-15-1781. Board of private security.

37-60-201. Organization -- meetings -- records.

37-60-211. Compensation of board members -- expenses.

37-60-302. Resident manager required.

37-60-309. Form of license and identification cards.