HF 4151
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 04/07/2026 02:05 p.m.
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A bill for an act
relating to occupations; modifying eligibility of certain applicants for licenses to
serve as private detectives or protective agents; amending Minnesota Statutes 2024,
sections 326.32, subdivisions 8, 10, 10a, 10c, 12; 326.33, subdivision 1; 326.3381,
subdivisions 2, 4; 326.3382, subdivisions 1, 4; 326.3385, subdivision 2; 326.3386,
subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 326.32, subdivision 8, is amended to read:
Subd. 8.
Applicant.
"Applicant" means any individualdeleted text begin , partnershipdeleted text end or corporation who
has made application for a private detective or protective agent license.
Sec. 2.
Minnesota Statutes 2024, section 326.32, subdivision 10, is amended to read:
Subd. 10.
License holder.
"License holder" means any individualdeleted text begin , partnership as defined
in section 323A.0101, clause (8),deleted text end or corporation licensed to perform the duties of a private
detective or a protective agent.
Sec. 3.
Minnesota Statutes 2024, section 326.32, subdivision 10a, is amended to read:
Subd. 10a.
Minnesota manager.
"Minnesota manager" means the member of a
deleted text begin partnership ordeleted text end corporationdeleted text begin ,deleted text end who meets the qualifications for licensing as provided in sections
326.32 to 326.339. The Minnesota manager must be actively involved in the day to day
management and supervision of the licensed activity in the Minnesota office.
Sec. 4.
Minnesota Statutes 2024, section 326.32, subdivision 10c, is amended to read:
Subd. 10c.
Proprietary employer.
A "proprietary employer" means an individualdeleted text begin ,
partnership,deleted text end ornew text begin anew text end corporation that is not engaged in the business of providing protective
agents but employs individuals to serve as security guards solely on the employer's property
and its curtilage.
Sec. 5.
Minnesota Statutes 2024, section 326.32, subdivision 12, is amended to read:
Subd. 12.
Qualified representative.
"Qualified representative" means the member of
a deleted text begin partnership ordeleted text end corporationdeleted text begin ,deleted text end who meets the qualifications for licensing as provided in
sections 326.32 to 326.339. The qualified representative must be actively involved in the
day to day management and supervision of the licensed activity.
Sec. 6.
Minnesota Statutes 2024, section 326.33, subdivision 1, is amended to read:
Subdivision 1.
Members.
There is hereby created a Board of Private Detective and
Protective Agent Services, consisting of the superintendent of the Bureau of Criminal
Apprehension or an assistant superintendent designated by the superintendent, and the
following members appointed by the commissioner of public safety: a licensed protective
agent, or qualified representative for a licensed protective agent deleted text begin partnership ordeleted text end corporationdeleted text begin ,deleted text end new text begin ;new text end
a licensed private detective, or qualified representative for a licensed private detective
deleted text begin partnership ordeleted text end corporationdeleted text begin ,deleted text end new text begin ;new text end and two public members. Filling of member vacancies shall be
the responsibility of the commissioner of public safety. Membership terms, compensation
of members, removal of members, the filling of membership vacancies, and fiscal year and
reporting requirements shall be as provided in sections 214.07 to 214.09. The provision of
staff, unless otherwise provided in sections 326.32 to 326.339; administrative services and
office space; the review and processing of complaints; the setting of board fees, unless
otherwise provided in sections 326.32 to 326.339; and other provisions relating to board
operations shall be as provided in chapter 214.
Sec. 7.
Minnesota Statutes 2024, section 326.3381, subdivision 2, is amended to read:
Subd. 2.
Application procedure.
The board shall issue a license upon application to
any person qualified under sections 326.32 to 326.339 and under the rules of the board to
engage in the business of private detective or protective agent. The license shall remain
effective for two years as long as the license holder complies with sections 326.32 to 326.339,
the laws of Minnesota, and the rules of the board. Upon receipt of an application for private
detective or protective agent license, the board shall:
(1) post notice of the application in its office for a period of 20 days, and notify all
persons who have requested notification of applications;
(2) conduct an investigation as it considers necessary to determine the qualifications of
the applicant, qualified representative, Minnesota manager, andnew text begin ,new text end if appropriate, a deleted text begin partner ordeleted text end
corporate officer; and
(3) notify the applicant of the date on which the board will conduct a review of the
license application.
Sec. 8.
Minnesota Statutes 2024, section 326.3381, subdivision 4, is amended to read:
Subd. 4.
Business entity applicant.
If the applicant for a license is a corporation deleted text begin or
partnership, one memberdeleted text end new text begin , the chief executive officer, the chief financial officer, the qualified
representative, and the Minnesota manager, if one exists,new text end of that corporation deleted text begin or partnershipdeleted text end
must meet the licensing requirements in sections 326.32 to 326.339new text begin , including the
requirements of subdivision 3, paragraph (b)new text end .
Sec. 9.
Minnesota Statutes 2024, section 326.3382, subdivision 1, is amended to read:
Subdivision 1.
Application form.
(a) Application for a private detective or protective
agent license shall be made on a form prescribed by the board. Each applicant shall provide
the following information:
(1) the full name, date of birth, and sex of each person signing the application, and the
residences of those persons for the past five years;
(2) all past and present occupations and employers, length of employment, and the name,
address, and telephone numbers of supervisors for all persons signing the application;
(3) the address or a description indicating the location of the place of business of the
applicant;
(4) a statement indicating that each person signing the application has attained the age
of 18;
(5) if the applicant is a corporation, the name of the corporation, the date and place of
incorporation, and the location of its principal place of business or registered office in its
state of incorporation; and
(6) further facts as may be required by the board to show the good character, competency,
and integrity of each person signing the applicationdeleted text begin ; anddeleted text end new text begin .
new text end
(b) Each application shall be signed and acknowledged as follows:
(1) if the applicant is an individual, by the individual;new text begin or
new text end
deleted text begin
(2) if the applicant is a partnership, by each partner, one of whom must be a qualified
representative; or
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end if the applicant is a corporation, by the chief executive officer, chief financial
officer, and the qualified representative of the corporation. If the principal place of the
applicant's business is outside Minnesota, the application shall also include the signature
of the Minnesota manager.
Sec. 10.
Minnesota Statutes 2024, section 326.3382, subdivision 4, is amended to read:
Subd. 4.
License disqualification.
Unlicensed activity will not be considered as legitimate
experience for qualification in being licensed. An individual, deleted text begin partnership,deleted text end new text begin anew text end corporation, new text begin a
new text end qualified representative, or new text begin a new text end Minnesota manager engaged in the business of a private
detective or protective agent without a license issued by the board is prohibited from applying
for licensing for a period of one year from the date of a finding of the violation.
Sec. 11.
Minnesota Statutes 2024, section 326.3385, subdivision 2, is amended to read:
Subd. 2.
Notice of successor.
new text begin (a) new text end A corporate deleted text begin or partnershipdeleted text end license holder shall, within
seven days of the death, resignation, or removal of a person signing the license application,
give written notice to the board of the change and the name and address of the successor in
the vacated position.
new text begin (b) new text end Within seven days of the death, resignation, or removal of a person signing the license
application for a deleted text begin partnership ordeleted text end corporate license holder, the successor qualified
representative, deleted text begin partner,deleted text end Minnesota manager, chief executive officer, or chief financial officer
who shall qualify under the same procedure and criteriadeleted text begin , anddeleted text end new text begin mustnew text end submit the documents
required, as for an original application.
Sec. 12.
Minnesota Statutes 2024, section 326.3386, subdivision 3, is amended to read:
Subd. 3.
Designation fee.
When a licensed private detective or protective agent who is
a deleted text begin partnership ordeleted text end corporationdeleted text begin ,deleted text end desires to designate a new qualified representative or Minnesota
manager, a fee equal to one-half of the license fee shall be submitted to the board.