HF 2787

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

  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 undergo criminal history background 
  1.5             checks; providing procedures for these background 
  1.6             checks; authorizing the discharge of employees based 
  1.7             on the results of the background checks and providing 
  1.8             that there is no liability for so doing; providing for 
  1.9             license disqualification in certain instances; 
  1.10            imposing criminal penalties for failure to request 
  1.11            background checks as required; proposing coding for 
  1.12            new law in Minnesota Statutes, chapter 299C. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [299C.72] [ELECTRONIC SECURITY SYSTEM 
  1.15  COMPANIES; CRIMINAL BACKGROUND CHECKS REQUIRED; CRIMINAL 
  1.16  PENALTIES.] 
  1.17     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  1.18  following terms have the meanings given: 
  1.19     (1) "electronic security system" means an assembly of 
  1.20  electronic equipment and devices that provides as its main 
  1.21  purpose the protection of life or property, and the detection of 
  1.22  threats or violations to the security of the protected premises, 
  1.23  including, but not limited to, solely or in combination, the 
  1.24  following systems functions:  burglary detection, fire 
  1.25  detection, access control, or closed circuit television; 
  1.26     (2) "electronic security system company" means an 
  1.27  individual, corporation, partnership, association, organization, 
  1.28  or other entity that provides one or more of the following 
  1.29  services relating to electronic security systems:  sales, 
  2.1   installation, repair, monitoring, or alarm investigation; 
  2.2      (3) "electronic security system company hiring authority" 
  2.3   means the company's owner or a manager or other person having 
  2.4   responsibility for personnel decisions; and 
  2.5      (4) "employee" means: 
  2.6      (i) anyone employed by an electronic security system 
  2.7   company regardless of the person's responsibilities; 
  2.8      (ii) persons acting as independent contractors who perform 
  2.9   tasks for the company relating to electronic security systems; 
  2.10  and 
  2.11     (iii) managers and other supervisory personnel who do not 
  2.12  directly make hiring decisions for the company. 
  2.13     Subd. 2.  [BACKGROUND CHECK REQUIRED.] (a) An electronic 
  2.14  security system company hiring authority shall request a 
  2.15  criminal history background check from the superintendent of the 
  2.16  bureau of criminal apprehension on all persons who are offered 
  2.17  employment in the company.  The superintendent shall conduct the 
  2.18  background check by retrieving criminal history data maintained 
  2.19  in the criminal justice information system computers.  If the 
  2.20  subject of the check has resided in Minnesota for fewer than 
  2.21  five years or upon request of the hiring authority, the 
  2.22  superintendent shall also either:  (1) conduct a search of the 
  2.23  national criminal records repository, including the criminal 
  2.24  justice data communications network; or (2) conduct a search of 
  2.25  the criminal justice data communications network records in any 
  2.26  state where the subject of the check has resided during the 
  2.27  preceding five years.  The superintendent is authorized to 
  2.28  exchange fingerprints with the Federal Bureau of Investigation 
  2.29  for purposes of the background check.  The superintendent shall 
  2.30  inform the hiring authority of the results of the background 
  2.31  check when it is completed. 
  2.32     (b) By September 1, 2001, an electronic security system 
  2.33  company hiring authority shall request a criminal history 
  2.34  background check complying with paragraph (a) on all employees 
  2.35  hired before July 1, 2001, who are currently employed by the 
  2.36  company. 
  3.1      (c) An electronic security system company hiring authority 
  3.2   shall request a criminal history background check complying with 
  3.3   paragraph (a) on all current employees at least once every two 
  3.4   years. 
  3.5      Subd. 3.  [EXCEPTION; CERTAIN RECENT BACKGROUND CHECKS.] An 
  3.6   electronic security system company hiring authority may use the 
  3.7   results of a criminal history background check conducted at the 
  3.8   request of another electronic security system company hiring 
  3.9   authority to satisfy the requirements of subdivision 2, if: 
  3.10     (1) the background check complies with subdivision 2; 
  3.11     (2) the results of the background check are on file with 
  3.12  the other hiring authority or otherwise accessible; 
  3.13     (3) the other hiring authority conducted the background 
  3.14  check within the previous 24 months; 
  3.15     (4) the individual who is the subject of the background 
  3.16  check executes a written consent form giving the hiring 
  3.17  authority access to the results of the check; and 
  3.18     (5) there is no reason to believe that the individual has 
  3.19  committed an act subsequent to the check that would disqualify 
  3.20  the individual from employment. 
  3.21     Subd. 4.  [CONDITIONAL HIRING; DISCHARGE.] An electronic 
  3.22  security system company hiring authority may hire an individual 
  3.23  pending completion of a background check under subdivision 2 but 
  3.24  shall notify the individual that the individual's employment may 
  3.25  be terminated based on the results of the background check.  A 
  3.26  hiring authority is not liable under any law, contract, or 
  3.27  agreement, including liability for unemployment compensation 
  3.28  claims, for failing to hire or for terminating an individual's 
  3.29  employment based on the results of a background check under this 
  3.30  section. 
  3.31     Subd. 5.  [CURRENT EMPLOYEES; DISCHARGE.] An electronic 
  3.32  security system company hiring authority may discharge an 
  3.33  employee whose background check under this section reveals that 
  3.34  the employee committed a crime.  The hiring authority is not 
  3.35  liable under any law, contract, or agreement, including 
  3.36  liability for unemployment compensation claims, for doing so. 
  4.1      Subd. 6.  [COSTS OF BACKGROUND CHECK.] The superintendent 
  4.2   shall charge the electronic security system company hiring 
  4.3   authority for the costs of background checks conducted under 
  4.4   this section.  The hiring authority may require the subject of 
  4.5   the background check to reimburse the hiring authority for these 
  4.6   costs. 
  4.7      Subd. 7.  [LICENSE REVOCATION.] The board of electricity 
  4.8   shall revoke a license issued under section 326.2421 for an 
  4.9   electronic security system company that is owned by, managed by, 
  4.10  or represented by a person who has been convicted of a crime, or 
  4.11  whose hiring authority has been convicted of a crime, unless the 
  4.12  person has been pardoned for the offense. 
  4.13     Subd. 8.  [MISDEMEANOR PENALTY.] An electronic security 
  4.14  system company hiring authority who fails to request background 
  4.15  checks as required by this section, is guilty of a misdemeanor. 
  4.16     Sec. 2.  [EFFECTIVE DATE.] 
  4.17     Section 1 is effective July 1, 2001.  The criminal penalty 
  4.18  in that section applies to crimes committed on or after that 
  4.19  date.