HF 2797

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data; criminal history checks; 
  1.3             clarifying the use of certain data collected on 
  1.4             employees of private detective or protective agent 
  1.5             license holders; amending Minnesota Statutes 2000, 
  1.6             section 326.336, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 326.336, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [BACKGROUND CHECK.] A license holder may 
  1.11  employ, in connection with the business of private detective or 
  1.12  protective agent, as many unlicensed persons as may be 
  1.13  necessary; provided that every license holder is at all times 
  1.14  accountable for the good conduct of every person employed.  When 
  1.15  a license holder hires a person to perform services as a private 
  1.16  detective or protective agent, the employer shall submit to the 
  1.17  bureau of criminal apprehension a full set of fingerprints of 
  1.18  each employee and the written consent of the employee to enable 
  1.19  the bureau to determine whether that person has a criminal 
  1.20  record.  The employee is a conditional employee until the 
  1.21  employer receives a report from the bureau that, based on a 
  1.22  check of the criminal records maintained by the bureau, the 
  1.23  prospective employee has not been convicted in Minnesota of a 
  1.24  felony or any offense listed in section 326.3381, subdivision 3, 
  1.25  other than a misdemeanor or gross misdemeanor assault.  During 
  1.26  the period of conditional employment, the person may not serve 
  2.1   as a private detective or protective agent, but may be trained 
  2.2   by the employer.  The bureau shall immediately forward the 
  2.3   fingerprints to the Federal Bureau of Investigation and request 
  2.4   the Federal Bureau of Investigation to conduct a criminal 
  2.5   history check of each conditional employee's criminal record, 
  2.6   and the bureau of criminal apprehension shall immediately 
  2.7   forward the results to the employer when they are received 
  2.8   employee.  The bureau shall determine if the bureau report or 
  2.9   Federal Bureau of Investigation report indicates that the 
  2.10  employee was convicted of a disqualifying offense, and shall 
  2.11  notify the employer accordingly.  The employer shall immediately 
  2.12  dismiss the an employee who has been convicted of a 
  2.13  disqualifying offense.