HF 2787

1st Engrossment - 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, certain electrical contractors, and 
  1.5             alarm and communication contractors undergo criminal 
  1.6             history background checks; providing procedures for 
  1.7             these background checks; authorizing the discharge of 
  1.8             employees based on the results of the background 
  1.9             checks and providing that there is no liability for so 
  1.10            doing; providing for license disqualification in 
  1.11            certain instances; imposing criminal penalties for 
  1.12            failure to request background checks as required; 
  1.13            amending Minnesota Statutes 2000, sections 326.01, 
  1.14            subdivision 5; 326.2421, subdivision 3; proposing 
  1.15            coding for new law in Minnesota Statutes, chapter 299C.
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  [299C.72] [ELECTRONIC SECURITY SYSTEM 
  1.18  COMPANIES; CRIMINAL BACKGROUND CHECKS REQUIRED; CRIMINAL 
  1.19  PENALTIES.] 
  1.20     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  1.21  the following terms have the meanings given. 
  1.22     (b) "Disqualifying crime" means any felony; or a gross 
  1.23  misdemeanor violation of section 609.2231; 609.2242; 609.229; 
  1.24  609.2336; 609.377; 609.52; 609.5631; 609.582; 609.605, 
  1.25  subdivision 2 or 4; 609.652, subdivision 2; 609.66; 609.746; 
  1.26  609.749; 609.78; 609.891; or 609.894.  
  1.27     (c) "Electronic security system" means an assembly of 
  1.28  electronic equipment and devices that provides as its main 
  1.29  purpose the protection of life or property, and the detection of 
  1.30  threats or violations to the security of the protected premises, 
  2.1   including, but not limited to, solely or in combination, the 
  2.2   following systems functions:  burglary detection, fire 
  2.3   detection, access control, or closed circuit television. 
  2.4      (d) "Electronic security system company" means an 
  2.5   individual, corporation, partnership, association, organization, 
  2.6   or other entity that provides one or more of the following 
  2.7   services relating to electronic security systems:  sales, 
  2.8   installation, repair, monitoring, or alarm investigation. 
  2.9      (e) "Electronic security system company hiring authority" 
  2.10  means the company's owner, manager, or other individual having 
  2.11  responsibility for personnel decisions. 
  2.12     (f) "Employee" means: 
  2.13     (1) anyone employed by an electronic security system 
  2.14  company regardless of the individual's responsibilities; 
  2.15     (2) an individual acting as an independent contractor who 
  2.16  performs tasks for the company relating to electronic security 
  2.17  systems; and 
  2.18     (3) a manager or other supervisory personnel who do not 
  2.19  directly make hiring decisions for the company. 
  2.20     Subd. 2.  [ELECTRONIC SYSTEM SECURITY LICENSURE; BACKGROUND 
  2.21  CHECK; LICENSE DENIAL OR APPLICATION.] (a) In addition to the 
  2.22  requirements of section 326.242 or 326.2421, the board of 
  2.23  electricity must conduct a background check on an individual 
  2.24  applying for licensure under section 326.242 or 326.2421 to act 
  2.25  as an electronic security system company.  The board of 
  2.26  electricity shall request a criminal history background check 
  2.27  from the superintendent of the bureau of criminal apprehension 
  2.28  on all license applicants.  The superintendent shall conduct the 
  2.29  background check in the manner provided by subdivision 3 for 
  2.30  individuals offered employment with or employed by electronic 
  2.31  security system companies.  The superintendent shall notify the 
  2.32  board of electricity of the cost of a background check under 
  2.33  this section.  The board of electricity shall notify the license 
  2.34  applicant of the cost of the background check conducted under 
  2.35  this subdivision, and the applicant shall submit a check for 
  2.36  that amount payable to the superintendent with the application 
  3.1   for licensure. 
  3.2      (b) The board of electricity shall deny a license 
  3.3   application or revoke a license issued under section 326.242 or 
  3.4   326.2421 in connection with any electronic security system 
  3.5   company that is owned, managed, or represented by an individual 
  3.6   who has been convicted of a disqualifying crime, unless the 
  3.7   individual has been pardoned for the offense. 
  3.8      Subd. 3.  [EMPLOYEE BACKGROUND CHECK REQUIRED.] (a) An 
  3.9   electronic security system company hiring authority shall 
  3.10  request a criminal history background check from the 
  3.11  superintendent of the bureau of criminal apprehension on all 
  3.12  persons who are offered employment in the company.  The 
  3.13  superintendent shall conduct the background check by retrieving 
  3.14  criminal history data maintained in the criminal justice 
  3.15  information system.  If the subject of the check has resided in 
  3.16  Minnesota for fewer than five years or upon request of the 
  3.17  hiring authority, the superintendent shall also either:  
  3.18     (1) conduct a search of the national criminal records 
  3.19  repository, including the criminal justice data communications 
  3.20  network; or 
  3.21     (2) conduct a search of the criminal justice data 
  3.22  communications network records in any state where the subject of 
  3.23  the check has resided during the preceding five years.  The 
  3.24  superintendent is authorized to exchange fingerprints with the 
  3.25  Federal Bureau of Investigation for purposes of the background 
  3.26  check.  The superintendent shall inform the hiring authority of 
  3.27  the results of the background check when it is completed. 
  3.28     (b) An electronic security system company hiring authority 
  3.29  shall request a criminal history background check complying with 
  3.30  paragraph (a) on all current employees at least once every two 
  3.31  years. 
  3.32     Subd. 4.  [EXCEPTION; CERTAIN RECENT BACKGROUND CHECKS.] An 
  3.33  electronic security system company hiring authority may use the 
  3.34  results of a criminal history background check conducted at the 
  3.35  request of another electronic security system company hiring 
  3.36  authority to satisfy the requirements of subdivision 2, if: 
  4.1      (1) the background check complies with subdivision 2; 
  4.2      (2) the results of the background check are on file with 
  4.3   the other hiring authority or otherwise accessible; 
  4.4      (3) the other hiring authority conducted the background 
  4.5   check within the previous two years; 
  4.6      (4) the individual who is the subject of the background 
  4.7   check executes a written consent form giving the hiring 
  4.8   authority access to the results of the check; and 
  4.9      (5) there is no reason to believe that the individual has 
  4.10  been convicted of a disqualifying crime subsequent to the check. 
  4.11     Subd. 5.  [CONDITIONAL HIRING; DISCHARGE.] An electronic 
  4.12  security system company hiring authority may hire an individual 
  4.13  pending completion of a background check under this section but 
  4.14  shall notify the individual that the individual's employment 
  4.15  must be terminated pursuant to this section if the background 
  4.16  check indicates the individual has been convicted of a 
  4.17  disqualifying crime.  A hiring authority is not liable under any 
  4.18  law, contract, or agreement, including liability for 
  4.19  unemployment compensation claims, for failing to hire or for 
  4.20  terminating an individual's employment under this subdivision. 
  4.21     Subd. 6.  [CURRENT EMPLOYEES; DISCHARGE.] An electronic 
  4.22  security system company hiring authority must discharge an 
  4.23  employee whose background check under this section reveals that 
  4.24  the employee has been convicted of a disqualifying crime.  The 
  4.25  hiring authority is not liable under any law, contract, or 
  4.26  agreement, including liability for unemployment compensation 
  4.27  claims, for doing so. 
  4.28     Subd. 7.  [COSTS OF BACKGROUND CHECK.] The superintendent 
  4.29  shall charge the electronic security system company hiring 
  4.30  authority for the costs of applicant and employee background 
  4.31  checks conducted under this section.  The hiring authority may 
  4.32  require the subject of the background check to reimburse the 
  4.33  hiring authority for these costs. 
  4.34     Subd. 8.  [MISDEMEANOR PENALTY.] An electronic security 
  4.35  system company hiring authority who fails to request applicant 
  4.36  and employee background checks as required by this section, is 
  5.1   guilty of a misdemeanor. 
  5.2      Sec. 2.  Minnesota Statutes 2000, section 326.01, 
  5.3   subdivision 5, is amended to read: 
  5.4      Subd. 5.  [ELECTRICAL CONTRACTOR.] The term "electrical 
  5.5   contractor" means a person, partnership, or corporation 
  5.6   operating a business that undertakes or offers to undertake to 
  5.7   plan for, lay out, or install or to make additions, alterations, 
  5.8   or repairs in the installation of electrical wiring, apparatus, 
  5.9   or equipment for light, heat, power, and other purposes with or 
  5.10  without compensation who is licensed as such by the board of 
  5.11  electricity.  An electrical contractor's license does not of 
  5.12  itself qualify its holder to perform or supervise the electrical 
  5.13  work authorized by holding any class of electrician's 
  5.14  license.  An electrical contractor who lays out, installs, 
  5.15  maintains, or repairs alarm and communication systems must, in 
  5.16  order to obtain an electrical contractor's license, comply with 
  5.17  the background check requirements of section 299C.72. 
  5.18     Sec. 3.  Minnesota Statutes 2000, section 326.2421, 
  5.19  subdivision 3, is amended to read: 
  5.20     Subd. 3.  [ALARM AND COMMUNICATION CONTRACTOR'S LICENSES.] 
  5.21  No person may lay out, install, maintain, or repair alarm and 
  5.22  communication systems, unless the person is licensed as an alarm 
  5.23  and communication contractor under this subdivision, or is a 
  5.24  licensed electrical contractor under section 326.242, 
  5.25  subdivision 6, or is an employee of the contractor.  Upon 
  5.26  receipt of a criminal background check report from the 
  5.27  superintendent of the bureau of criminal apprehension that 
  5.28  satisfies the requirements of section 299C.72, the board of 
  5.29  electricity shall issue an alarm and communication contractor's 
  5.30  license to any individual, corporation, partnership, sole 
  5.31  proprietorship, or other business entity that provides adequate 
  5.32  proof that a bond and insurance in the amounts required by 
  5.33  section 326.242, subdivision 6, have been obtained by the 
  5.34  applicant.  The board shall set license fees pursuant to section 
  5.35  16A.1285.  Installation of alarm and communication systems are 
  5.36  subject to inspection and inspection fees as provided in section 
  6.1   326.244, subdivision 1a. 
  6.2      Sec. 4.  [EFFECTIVE DATE; APPLICATION.] 
  6.3      Section 1 is effective July 1, 2002, and applies as follows:
  6.4      (a) A background check must be conducted on applicants for 
  6.5   licensure under Minnesota Statutes, section 326.2421, on or 
  6.6   after July 1, 2002, and on all persons offered employment by an 
  6.7   electronic security system company on or after that date. 
  6.8      (b) An initial background check must be performed not later 
  6.9   than September 1, 2002, on current employees hired by an 
  6.10  electronic security system company before July 1, 2002, and on 
  6.11  individuals licensed before July 1, 2002, under Minnesota 
  6.12  Statutes, section 326.242 or 326.2421. 
  6.13     (c) The criminal penalty in section 1 applies to crimes 
  6.14  committed on and after July 1, 2002.