1.1                          A bill for an act 
  1.2             relating to public safety; requiring that employees 
  1.3             and prospective employees of electronic security 
  1.4             system companies, and certain license applicants 
  1.5             undergo criminal history background checks; providing 
  1.6             procedures for these background checks; authorizing 
  1.7             the discharge of employees based on the results of the 
  1.8             background checks and providing that there is no 
  1.9             liability for so doing; providing for license 
  1.10            endorsement disqualification or revocation in certain 
  1.11            instances; imposing criminal penalties for failure to 
  1.12            request required background checks; amending Minnesota 
  1.13            Statutes 2002, sections 326.242, by adding a 
  1.14            subdivision; 326.2421, by adding a subdivision; 
  1.15            proposing coding for new law in Minnesota Statutes, 
  1.16            chapter 299C. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  [299C.72] [ELECTRONIC SECURITY SYSTEM 
  1.19  COMPANIES; CRIMINAL BACKGROUND CHECKS REQUIRED; CRIMINAL 
  1.20  PENALTIES.] 
  1.21     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  1.22  the following terms have the meanings given. 
  1.23     (b) "Disqualifying crime" means any felony violation of a 
  1.24  law of this state or any other state; a gross misdemeanor 
  1.25  violation of section 609.2336; 609.52; 609.5631; 609.582; 
  1.26  609.652, subdivision 2; 609.66; 609.746; 609.749; or 609.891; or 
  1.27  any similar laws of any other state; or a violation of 
  1.28  subdivision 8. 
  1.29     (c) "Electronic security system" means an assembly of 
  1.30  electronic equipment and devices that provides as its main 
  1.31  purpose the protection of life or property, and the detection of 
  2.1   threats or violations to the security of the protected premises, 
  2.2   including, but not limited to, solely or in combination, the 
  2.3   following systems functions:  burglary detection, access 
  2.4   control, or closed circuit television. 
  2.5      (d) "Electronic security system company" means an 
  2.6   individual, corporation, partnership, association, organization, 
  2.7   or other entity that provides one or more of the following 
  2.8   services relating to electronic security systems:  sales, 
  2.9   installation, repair, modification, monitoring, or alarm 
  2.10  investigation. 
  2.11     (e) "Electronic security system company hiring authority" 
  2.12  means the company's owner, manager, or other individual having 
  2.13  responsibility for personnel decisions. 
  2.14     (f) "Employee" means an individual employed by, or acting 
  2.15  as an independent contractor for, an electronic security system 
  2.16  company who has direct or indirect access to electronic security 
  2.17  systems. 
  2.18     Subd. 2.  [BUREAU OF CRIMINAL APPREHENSION; BACKGROUND 
  2.19  CHECK; REPORT.] (a) Upon receipt of a request under subdivision 
  2.20  3 or 4, the superintendent of the bureau of criminal 
  2.21  apprehension shall conduct the background check to determine 
  2.22  whether an individual subject to subdivision 3 or 4 has been 
  2.23  convicted of a disqualifying crime and has not been pardoned for 
  2.24  the offense.  The superintendent shall conduct the background 
  2.25  check by retrieving criminal history data maintained in the 
  2.26  criminal justice information system.  The superintendent shall 
  2.27  forward the results to the hiring authority or the board of 
  2.28  electricity. 
  2.29     (b) If the subject of the check has resided in Minnesota 
  2.30  for fewer than five years or upon request of the hiring 
  2.31  authority, the superintendent shall also conduct a search of the 
  2.32  national criminal records repository.  The superintendent is 
  2.33  authorized to exchange fingerprints with the Federal Bureau of 
  2.34  Investigation for purposes of the background check.  Based on 
  2.35  the results of the national check, the superintendent shall 
  2.36  reply in writing to (1) the hiring authority, indicating that 
  3.1   the individual is or is not eligible for employment, or (2) the 
  3.2   board of electricity, indicating that the individual or business 
  3.3   entity is eligible for license endorsement.  
  3.4      (c) An individual who is subject to a background check is 
  3.5   eligible for employment or a license endorsement if the 
  3.6   individual has not been convicted of a disqualifying crime or 
  3.7   has been pardoned for the offense. 
  3.8      Subd. 3.  [BOARD OF ELECTRICITY LICENSURE AND ENDORSEMENT; 
  3.9   BACKGROUND CHECK; FEE.] (a) An individual who seeks an 
  3.10  electronic security system endorsement to a license issued under 
  3.11  section 326.242 or 326.2421 must agree to undergo a background 
  3.12  check under this section.  If an endorsement is sought by a 
  3.13  partnership, corporation, limited liability partnership, or 
  3.14  limited liability company, all officers, partners, or members of 
  3.15  the business entity who have direct or indirect access to 
  3.16  electronic security systems must undergo a background check 
  3.17  under this section.  Each individual must request the 
  3.18  superintendent of the bureau of criminal apprehension to perform 
  3.19  a background check under this section and to notify the board of 
  3.20  electricity in writing as provided by subdivision 2.  The 
  3.21  superintendent shall charge each individual for the cost of a 
  3.22  background check performed under this subdivision. 
  3.23     (b) Upon receipt of a written report from the 
  3.24  superintendent of the bureau of criminal apprehension under 
  3.25  subdivision 2, the board shall: 
  3.26     (1) issue the endorsement if the report indicates the 
  3.27  individual is eligible pursuant to subdivision 2; or 
  3.28     (2) deny or revoke an endorsement if the report indicates 
  3.29  the individual is not eligible pursuant to subdivision 2. 
  3.30     (c) The board shall revoke a license issued under section 
  3.31  326.242 or 326.2421 if a licensee provides installation, repair, 
  3.32  modification, monitoring, or alarm investigation services 
  3.33  relating to electronic security systems after being denied an 
  3.34  endorsement or having an endorsement revoked pursuant to this 
  3.35  subdivision.  
  3.36     (d) The licensee may challenge the accuracy and 
  4.1   completeness of the notification from the superintendent of the 
  4.2   bureau of criminal apprehension under section 13.04, subdivision 
  4.3   4. 
  4.4      Subd. 4.  [EMPLOYEE BACKGROUND CHECK REQUIRED.] (a) An 
  4.5   electronic security system company hiring authority shall 
  4.6   request a criminal history background check from the 
  4.7   superintendent of the bureau of criminal apprehension on all 
  4.8   individuals who are offered a position as an employee. 
  4.9      (b) An electronic security system company hiring authority 
  4.10  shall request a criminal history background check complying with 
  4.11  paragraph (a) on all current employees at least once every two 
  4.12  years. 
  4.13     (c) An electronic security system hiring authority shall: 
  4.14     (1) provide a copy of the report received under subdivision 
  4.15  2 to the subject of the report; 
  4.16     (2) retain a copy of the report in the personnel record of 
  4.17  each employee who is the subject of a report throughout the time 
  4.18  the employee remains employed with the electronic security 
  4.19  system company; and 
  4.20     (3) give an employee a copy of the report when the 
  4.21  employee's employment with the electronic security system 
  4.22  company ends. 
  4.23     (d) The superintendent shall charge the electronic security 
  4.24  system company hiring authority for the costs of applicant and 
  4.25  employee background checks conducted under this subdivision.  
  4.26  The hiring authority may require the subject of the background 
  4.27  check to reimburse the hiring authority for these costs. 
  4.28     Subd. 5.  [EXCEPTION; CERTAIN RECENT BACKGROUND CHECKS.] An 
  4.29  electronic security system company hiring authority may use the 
  4.30  results of a criminal history background check conducted at the 
  4.31  request of another electronic security system company hiring 
  4.32  authority to satisfy the requirements of subdivision 2, if: 
  4.33     (1) the background check complies with subdivision 2; 
  4.34     (2) the results of the background check are on file with 
  4.35  the other hiring authority or otherwise accessible; 
  4.36     (3) the other hiring authority conducted the background 
  5.1   check within the previous two years; 
  5.2      (4) the individual who is the subject of the background 
  5.3   check provides a copy of a report under subdivision 2 or 
  5.4   executes a written consent form giving the hiring authority 
  5.5   access to the results of the check; and 
  5.6      (5) the electronic security system company hiring authority 
  5.7   has no reason to believe that the individual was convicted of a 
  5.8   disqualifying crime after the date of the background check. 
  5.9      Subd. 6.  [CONDITIONAL HIRING; DISCHARGE.] An electronic 
  5.10  security system company hiring authority may hire an individual 
  5.11  pending completion of a background check under this section but 
  5.12  shall notify the individual that the individual's employment 
  5.13  must be terminated pursuant to this section if the background 
  5.14  check indicates the individual has been convicted of a 
  5.15  disqualifying crime.  A hiring authority is not liable under any 
  5.16  law, contract, or agreement, including liability for 
  5.17  unemployment compensation claims, for failing to hire or for 
  5.18  terminating an individual's employment under this subdivision. 
  5.19     Subd. 7.  [CURRENT EMPLOYEES; DISCHARGE.] An electronic 
  5.20  security system company hiring authority may discharge an 
  5.21  employee if the superintendent of the bureau of criminal 
  5.22  apprehension provides written notice that the individual is not 
  5.23  eligible for employment under this section.  The hiring 
  5.24  authority is not liable under any law, contract, or agreement, 
  5.25  including liability for unemployment compensation claims, for 
  5.26  discharging an employee under this subdivision. 
  5.27     Subd. 8.  [MISDEMEANOR PENALTY.] It is a misdemeanor for: 
  5.28     (1) an electronic security system company hiring authority 
  5.29  to fail to request applicant and employee background checks as 
  5.30  required by this section; or 
  5.31     (2) a license applicant described in section 326.242, 
  5.32  subdivision 13, or 326.2421, subdivision 10, to fail to apply 
  5.33  for an endorsement as required by the applicable provision. 
  5.34     Sec. 2.  Minnesota Statutes 2002, section 326.242, is 
  5.35  amended by adding a subdivision to read: 
  5.36     Subd. 13.  [ELECTRONIC SECURITY SYSTEM ENDORSEMENT.] (a) A 
  6.1   person seeking a license issued under this section who has 
  6.2   direct or indirect access to electronic security systems as 
  6.3   defined in section 299C.72 for the purpose of providing 
  6.4   installation, repair, modification, monitoring, or alarm 
  6.5   investigation services must obtain an electronic security system 
  6.6   endorsement on the license.  Upon receipt of a written report 
  6.7   from the superintendent of the bureau of criminal apprehension 
  6.8   under section 299C.72, subdivision 2, the board shall: 
  6.9      (1) issue the endorsement if the report indicates the 
  6.10  individual is eligible pursuant to section 299C.72, subdivision 
  6.11  2; or 
  6.12     (2) deny or revoke an endorsement if the report indicates 
  6.13  the individual is not eligible pursuant to section 299C.72, 
  6.14  subdivision 2. 
  6.15     (b) The board shall revoke a license issued under this 
  6.16  section if a licensee provides installation, repair, 
  6.17  modification, monitoring, or alarm investigation services 
  6.18  relating to electronic security systems after being denied an 
  6.19  endorsement or having an endorsement revoked pursuant to this 
  6.20  subdivision.  
  6.21     (c) The licensee may challenge the accuracy and 
  6.22  completeness of the notification provided by the superintendent 
  6.23  of the bureau of criminal apprehension under section 13.04, 
  6.24  subdivision 4. 
  6.25     Sec. 3.  Minnesota Statutes 2002, section 326.2421, is 
  6.26  amended by adding a subdivision to read: 
  6.27     Subd. 10.  [ELECTRONIC SECURITY SYSTEM ENDORSEMENT.] (a) A 
  6.28  person seeking a license issued under this section who has 
  6.29  direct or indirect access to electronic security systems as 
  6.30  defined in section 299C.72 for the purpose of providing 
  6.31  installation, repair, modification, monitoring, or alarm 
  6.32  investigation services must obtain an electronic security system 
  6.33  endorsement on the license. 
  6.34     (b) Upon receipt of a written report from the 
  6.35  superintendent of the bureau of criminal apprehension under 
  6.36  section 299C.72, subdivision 2, the board shall: 
  7.1      (1) issue the endorsement if the report indicates the 
  7.2   individual is eligible pursuant to section 299C.72, subdivision 
  7.3   2; or 
  7.4      (2) deny or revoke an endorsement if the report indicates 
  7.5   the individual is not eligible pursuant to section 299C.72, 
  7.6   subdivision 2. 
  7.7      (c) The board shall revoke a license issued under this 
  7.8   section if a licensee provides installation, repair, 
  7.9   modification, monitoring, or alarm investigation services 
  7.10  relating to electronic security systems after being denied an 
  7.11  endorsement or having an endorsement revoked pursuant to this 
  7.12  subdivision.  
  7.13     (d) The licensee may challenge the accuracy and 
  7.14  completeness of the notification provided by the superintendent 
  7.15  of the bureau of criminal apprehension under section 13.04, 
  7.16  subdivision 4. 
  7.17     Sec. 4.  [EFFECTIVE DATE; APPLICATION.] 
  7.18     Section 1 is effective July 1, 2003, and applies as follows:
  7.19     (a) A background check must be conducted on applicants for 
  7.20  a license endorsement as described in section 1, subdivision 2, 
  7.21  on or after July 1, 2003, and on all persons offered employment 
  7.22  by an electronic security system company on or after that date. 
  7.23     (b) An initial background check must be performed not later 
  7.24  than September 1, 2003, on current employees hired by an 
  7.25  electronic security system company before July 1, 2003, and not 
  7.26  later than July 1, 2004, on persons licensed before July 1, 
  7.27  2003, under Minnesota Statutes, section 326.242 or 326.2421. 
  7.28     (c) The criminal penalty in section 1 applies to crimes 
  7.29  committed on or after July 1, 2003.