HF 783

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:41am

A bill for an act
relating to occupations and professions; according status of emergency vehicle to
vehicle operated by protective agent for escorting funeral procession or oversized
loads; making technical correction; amending Minnesota Statutes 2008, sections
169.011, subdivision 3; 326.338, subdivision 4; 326.3382, subdivision 5.

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

Section 1.

Minnesota Statutes 2008, section 169.011, subdivision 3, is amended to read:

Subd. 3.

Authorized emergency vehicle.

"Authorized emergency vehicle" means
any of the following vehicles when equipped and identified according to law: (1) a vehicle
of a fire department; (2) a publicly owned police vehicle or a privately owned vehicle used
by a police officer for police work under agreement, express or implied, with the local
authority to which the officer is responsible; (3) a vehicle of a licensed land emergency
ambulance service, whether publicly or privately owned; (4) an emergency vehicle of a
municipal department or a public service corporation, approved by the commissioner of
public safety or the chief of police of a municipality; (5) any volunteer rescue squad new text begin vehicle
new text end operating pursuant to Laws 1959, chapter 53; (6) new text begin a vehicle operated by a protective agent
while performing traffic control duties under section 326.338, subdivision 4, paragraph (a),
clause (4); and (7) new text end a vehicle designated as an authorized emergency vehicle upon a finding
by the commissioner of public safety that designation of that vehicle is necessary to the
preservation of life or property or to the execution of emergency governmental functions.

Sec. 2.

Minnesota Statutes 2008, section 326.338, subdivision 4, is amended to read:

Subd. 4.

Protective agent.

new text begin (a) new text end A person who for a fee, reward, or other valuable
consideration undertakes any of the following acts is considered to be engaged in the
business of protective agent:

(1) providing guards, private patrol, or other security personnel to protect persons or
their property or to prevent the theft, unlawful taking of goods, merchandise, or money, or
to prevent the misappropriation or concealment of goods, merchandise, money, or other
valuable things, or to procure the return of those things;

(2) physically responding to any alarm signal device, burglar alarm, television
camera, still camera, or a mechanical or electronic device installed or used to prevent or
detect burglary, theft, shoplifting, pilferage, losses, or other security measures;

(3) providing armored car services for the protection of persons or property;

(4) controlling motor traffic on public streets, roads, and highways for the purpose
of escorting a funeral procession and oversized loads; or

(5) providing management and control of crowds for the purpose of safety and
protection.

new text begin (b) new text end A person covered by this subdivision may perform the traffic control duties in
new text begin paragraph (a), new text end clause (4) new text begin , new text end in place of a police officer when a special permit is required,
provided that the protective agent is first-aid qualified. new text begin The vehicle of a protective agent
is considered an authorized emergency vehicle while performing the duties described in
paragraph (a), clause (4).
new text end

Sec. 3.

Minnesota Statutes 2008, section 326.3382, subdivision 5, is amended to read:

Subd. 5.

Special protective agent classification.

The board shall establish a special
protective agent license classification that provides that a person described in section
326.338, subdivision 4, new text begin paragraph (a), new text end clause (4), who is otherwise qualified under this
section need not meet the requirements of subdivision 2, paragraph (c).