HF 4591

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 09:36pm

A bill for an act
relating to private detectives; specifying that a protective agent license is required
for private companies to transport prisoners; requiring license revocation for certain
acts committed by a licensee or employee of a licensee; requiring a minimum
administrative penalty for certain violations; amending Minnesota Statutes 2022,
sections 326.338, subdivision 4; 326.3388; Minnesota Statutes 2023 Supplement,
section 326.3387, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 326.338, subdivision 4, is amended to read:

Subd. 4.

Protective agent.

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; deleted text begin or
deleted text end

(5) providing management and control of crowds for the purpose of safety and protection deleted text begin . deleted text end new text begin ;
or
new text end

new text begin (6) providing guards or other security personnel to transport prisoners or any other person
arrested on a warrant, except that this does not apply to the transport or escort of offenders
by staff of the Department of Corrections; the transport of a person by the sheriff of a county
to the appropriate adult or juvenile correctional facility as designated by the commissioner
of corrections or to and from court in connection with postconviction, habeas corpus, or
intrastate mandatory disposition of detainers proceedings; the transfer of a person by
emergency medical services personnel; or the transfer of a person by a peace officer as
defined in section 626.84, subdivision 1, paragraph (c).
new text end

A person covered by this subdivision may perform the traffic-control duties in clause
(4) in place of a police officer when a special permit is required, provided that the protective
agent is first-aid qualified.

Sec. 2.

Minnesota Statutes 2023 Supplement, section 326.3387, subdivision 1, is amended
to read:

Subdivision 1.

Basis for action.

new text begin (a) new text end The board may revoke or suspend or refuse to issue
or reissue a private detective or protective agent license if:

(1) the license holder violates a provision of sections 326.32 to 326.339 or a rule adopted
under those sections;

(2) the license holder has engaged in fraud, deceit, or misrepresentation while in the
business of private detective or protective agent;

(3) the license holder has made a false statement in an application submitted to the board
or in a document required to be submitted to the board;

(4) the license holder violates an order of the board; or

(5) the individual or entity previously operated without a license.

new text begin (b) The board must revoke or suspend or refuse to issue or reissue a protective agent
license if the license holder provides guards or other security personnel to transport prisoners
or any other person arrested on a warrant and the board determines that the license holder
or any employee or agent of the license holder committed an act in any place that, if
committed in Minnesota, would constitute criminal sexual conduct against a person being
transported or committed an act in any place that involved the unreasonable use of force on
a person being transported.
new text end

Sec. 3.

Minnesota Statutes 2022, section 326.3388, is amended to read:

326.3388 ADMINISTRATIVE PENALTIES.

The board shall, by rule, establish a graduated schedule of administrative penalties for
violations of sections 326.32 to 326.339 or the board's rules. The schedule must include
minimum and maximum penalties for each violation and be based on and reflect the
culpability, frequency, and severity of the violator's actions. new text begin The minimum penalty for an
act described in section 326.3387, subdivision 1, paragraph (b), must be $10,000 for each
act. new text end The board may impose a penalty from the schedule on a license holder for a violation
of sections 326.32 to 326.339 or the rules of the board. The penalty is in addition to any
criminal penalty imposed for the same violation. Administrative penalties imposed by the
board must be paid to the general fund.