HF 773

as introduced - 83rd Legislature (2003 - 2004) 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, 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 9. 
  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: 
  2.15     (1) anyone employed by an electronic security system 
  2.16  company regardless of the individual's responsibilities; 
  2.17     (2) an individual acting as an independent contractor who 
  2.18  performs tasks for the company relating to electronic security 
  2.19  systems; or 
  2.20     (3) a manager or other supervisory personnel who do not 
  2.21  directly make hiring decisions for the company. 
  2.22     Subd. 2.  [BUREAU OF CRIMINAL APPREHENSION; BACKGROUND 
  2.23  CHECK; REPORT.] (a) Upon receipt of a request under subdivision 
  2.24  3 or 4, the superintendent of the bureau of criminal 
  2.25  apprehension shall conduct the background check to determine 
  2.26  whether an individual subject to subdivision 3 or 4 has been 
  2.27  convicted of a disqualifying crime and has not been pardoned for 
  2.28  the offense.  The superintendent shall conduct the background 
  2.29  check by retrieving criminal history data maintained in the 
  2.30  criminal justice information system.  If the subject of the 
  2.31  check has resided in Minnesota for fewer than five years or upon 
  2.32  request of the hiring authority, the superintendent shall also 
  2.33  either: 
  2.34     (1) conduct a search of the national criminal records 
  2.35  repository, including the criminal justice data communications 
  2.36  network; or 
  3.1      (2) conduct a search of the criminal justice data 
  3.2   communications network records in any state where the subject of 
  3.3   the check has resided during the preceding five years.  The 
  3.4   superintendent is authorized to exchange fingerprints with the 
  3.5   Federal Bureau of Investigation for purposes of the background 
  3.6   check. 
  3.7      (b) The superintendent shall reply in writing to (1) the 
  3.8   hiring authority, indicating that the individual is or is not 
  3.9   eligible for employment, or (2) the board of electricity, 
  3.10  indicating that the individual or business entity is eligible 
  3.11  for license endorsement.  An individual is eligible for 
  3.12  employment or a license endorsement or a business entity is 
  3.13  eligible for a license endorsement if the individual subject to 
  3.14  a background check has not been convicted of a disqualifying 
  3.15  crime without being pardoned for the offense. 
  3.16     Subd. 3.  [BOARD OF ELECTRICITY LICENSURE AND ENDORSEMENT; 
  3.17  BACKGROUND CHECK; FEE.] (a) An individual who seeks an 
  3.18  electronic security system endorsement to a license issued under 
  3.19  section 326.242 or 326.2421 must agree to undergo a background 
  3.20  check under this section.  If an endorsement is sought by a 
  3.21  partnership, corporation, limited liability partnership, or 
  3.22  limited liability company, the officers, partners, or members of 
  3.23  the business entity must undergo a background check under this 
  3.24  section.  Each individual must request the superintendent of the 
  3.25  bureau of criminal apprehension to perform a background check 
  3.26  under this section and to notify the board of electricity in 
  3.27  writing whether the business entity is or is not eligible for 
  3.28  the endorsement sought.  The superintendent shall charge each 
  3.29  individual for the cost of a background check performed under 
  3.30  this subdivision. 
  3.31     (b) The board of electricity shall deny an application for 
  3.32  an endorsement or revoke an endorsement issued under section 
  3.33  326.242, subdivision 13, or 326.2421, subdivision 10, in 
  3.34  connection with any electronic security system company if the 
  3.35  superintendent notifies the board in writing that the business 
  3.36  entity is not eligible for the endorsement.  The board shall 
  4.1   revoke a license issued under section 326.242 or 326.2421 if a 
  4.2   licensee provides installation, repair, modification, 
  4.3   monitoring, or alarm investigation services relating to 
  4.4   electronic security systems after being denied an endorsement or 
  4.5   having an endorsement revoked pursuant to this paragraph.  The 
  4.6   licensee may challenge the accuracy and completeness of the 
  4.7   notification from the superintendent of the bureau of criminal 
  4.8   apprehension under section 13.04, subdivision 4. 
  4.9      Subd. 4.  [EMPLOYEE BACKGROUND CHECK REQUIRED.] (a) An 
  4.10  electronic security system company hiring authority shall 
  4.11  request a criminal history background check from the 
  4.12  superintendent of the bureau of criminal apprehension on all 
  4.13  individuals who are offered employment in the company. 
  4.14     (b) An electronic security system company hiring authority 
  4.15  shall request a criminal history background check complying with 
  4.16  paragraph (a) on all current employees at least once every two 
  4.17  years. 
  4.18     Subd. 5.  [EXCEPTION; CERTAIN RECENT BACKGROUND CHECKS.] An 
  4.19  electronic security system company hiring authority may use the 
  4.20  results of a criminal history background check conducted at the 
  4.21  request of another electronic security system company hiring 
  4.22  authority to satisfy the requirements of subdivision 2, if: 
  4.23     (1) the background check complies with subdivision 2; 
  4.24     (2) the results of the background check are on file with 
  4.25  the other hiring authority or otherwise accessible; 
  4.26     (3) the other hiring authority conducted the background 
  4.27  check within the previous two years; 
  4.28     (4) the individual who is the subject of the background 
  4.29  check executes a written consent form giving the hiring 
  4.30  authority access to the results of the check; and 
  4.31     (5) the electronic security system company hiring authority 
  4.32  has no reason to believe that the individual was convicted of a 
  4.33  disqualifying crime after the date of the background check. 
  4.34     Subd. 6.  [CONDITIONAL HIRING; DISCHARGE.] An electronic 
  4.35  security system company hiring authority may hire an individual 
  4.36  pending completion of a background check under this section but 
  5.1   shall notify the individual that the individual's employment 
  5.2   must be terminated pursuant to this section if the background 
  5.3   check indicates the individual has been convicted of a 
  5.4   disqualifying crime.  A hiring authority is not liable under any 
  5.5   law, contract, or agreement, including liability for 
  5.6   unemployment compensation claims, for failing to hire or for 
  5.7   terminating an individual's employment under this subdivision. 
  5.8      Subd. 7.  [CURRENT EMPLOYEES; DISCHARGE.] An electronic 
  5.9   security system company hiring authority must discharge an 
  5.10  employee if the superintendent of the bureau of criminal 
  5.11  apprehension provides written notice that the individual is not 
  5.12  eligible for employment under this section.  The hiring 
  5.13  authority is not liable under any law, contract, or agreement, 
  5.14  including liability for unemployment compensation claims, for 
  5.15  discharging an employee under this subdivision. 
  5.16     Subd. 8.  [COSTS OF BACKGROUND CHECK.] The superintendent 
  5.17  shall charge the electronic security system company hiring 
  5.18  authority for the costs of applicant and employee background 
  5.19  checks conducted under this section.  The hiring authority may 
  5.20  require the subject of the background check to reimburse the 
  5.21  hiring authority for these costs. 
  5.22     Subd. 9.  [MISDEMEANOR PENALTY.] It is a misdemeanor for: 
  5.23     (1) an electronic security system company hiring authority 
  5.24  to fail to request applicant and employee background checks as 
  5.25  required by this section; or 
  5.26     (2) a license applicant described in section 326.242, 
  5.27  subdivision 13, or 326.2421, subdivision 10, to fail to apply 
  5.28  for an endorsement as required by the applicable provision. 
  5.29     Sec. 2.  Minnesota Statutes 2002, section 326.242, is 
  5.30  amended by adding a subdivision to read: 
  5.31     Subd. 13.  [ELECTRONIC SECURITY SYSTEM ENDORSEMENT.] A 
  5.32  person seeking a license issued under this section who provides 
  5.33  installation, repair, modification, monitoring, or alarm 
  5.34  investigation services relating to electronic security systems 
  5.35  as defined in section 299C.72 must obtain an electronic security 
  5.36  system endorsement on the license.  The board shall issue the 
  6.1   endorsement upon receipt of a written notice from the 
  6.2   superintendent of the bureau of criminal apprehension indicating 
  6.3   that the person is eligible pursuant to section 299C.72.  The 
  6.4   board shall deny an application for an endorsement or revoke an 
  6.5   endorsement issued under this subdivision if the superintendent 
  6.6   of the bureau of criminal apprehension notifies the board in 
  6.7   writing that the person is not eligible for the endorsement.  
  6.8   The board shall revoke a license issued under this section if a 
  6.9   licensee provides installation, repair, modification, 
  6.10  monitoring, or alarm investigation services relating to 
  6.11  electronic security systems after being denied an endorsement or 
  6.12  having an endorsement revoked pursuant to this subdivision.  The 
  6.13  licensee may challenge the accuracy and completeness of the 
  6.14  notification provided by the superintendent of the bureau of 
  6.15  criminal apprehension under section 13.04, subdivision 4. 
  6.16     Sec. 3.  Minnesota Statutes 2002, section 326.2421, is 
  6.17  amended by adding a subdivision to read: 
  6.18     Subd. 10.  [ELECTRONIC SECURITY SYSTEM ENDORSEMENT.] A 
  6.19  person seeking a license issued under this section who provides 
  6.20  installation, repair, modification, monitoring, or alarm 
  6.21  investigation services relating to electronic security systems 
  6.22  as defined in section 299C.72, must obtain an electronic 
  6.23  security system endorsement on the license.  The board shall 
  6.24  issue the endorsement upon receipt of a written notice from the 
  6.25  superintendent of the bureau of criminal apprehension indicating 
  6.26  that the person is eligible pursuant to section 299C.72.  The 
  6.27  board of electricity shall deny an application for an 
  6.28  endorsement or revoke an endorsement issued under this 
  6.29  subdivision if the superintendent notifies the board in writing 
  6.30  that the person is not eligible for the endorsement.  The board 
  6.31  shall revoke a license issued under this section if a licensee 
  6.32  provides installation, repair, modification, monitoring, or 
  6.33  alarm investigation services relating to electronic security 
  6.34  systems after being denied an endorsement or having an 
  6.35  endorsement revoked pursuant to this subdivision.  The licensee 
  6.36  may challenge the accuracy and completeness of the notification 
  7.1   provided by the superintendent of the bureau of criminal 
  7.2   apprehension under section 13.04, subdivision 4. 
  7.3      Sec. 4.  [EFFECTIVE DATE; APPLICATION.] 
  7.4      Section 1 is effective July 1, 2003, and applies as follows:
  7.5      (a) A background check must be conducted on applicants for 
  7.6   a license endorsement as described in section 1, subdivision 2, 
  7.7   on or after July 1, 2003, and on all persons offered employment 
  7.8   by an electronic security system company on or after that date. 
  7.9      (b) An initial background check must be performed not later 
  7.10  than September 1, 2003, on current employees hired by an 
  7.11  electronic security system company before July 1, 2003, and not 
  7.12  later than July 1, 2004, on persons licensed before July 1, 
  7.13  2003, under Minnesota Statutes, section 326.242 or 326.2421. 
  7.14     (c) The criminal penalty in section 1 applies to crimes 
  7.15  committed on or after July 1, 2003.