SF 2199

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; requiring professional bail bonding 
  1.3             agents who perform bail bond enforcement services to 
  1.4             be licensed as private detectives; clarifying an 
  1.5             exemption to the private detective and protective 
  1.6             agent licensing provisions; amending Minnesota 
  1.7             Statutes 1996, sections 326.3341; and 326.338, 
  1.8             subdivision 1.  
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 326.3341, is 
  1.11  amended to read: 
  1.12     326.3341 [EXEMPTIONS.] 
  1.13     Sections 326.32 to 326.339 do not apply to: 
  1.14     (1) an employee while providing security for the employer 
  1.15  on premises occupied exclusively by the employer, or conducting 
  1.16  an investigation of a pending or potential claim against the 
  1.17  employee's employer; 
  1.18     (2) a peace officer or employee of the United States, this 
  1.19  state or one of its political subdivisions, while engaged in the 
  1.20  discharge of official duties for the government employer; 
  1.21     (3) persons engaged exclusively in obtaining and furnishing 
  1.22  information as to the financial standing, rating, and credit 
  1.23  responsibility of persons or as to the personal habits and 
  1.24  financial responsibility of applicants for insurance, indemnity 
  1.25  bonds, or commercial credit; 
  1.26     (4) an attorney-at-law while performing the duties of an 
  1.27  attorney-at-law or an investigator employed exclusively by an 
  2.1   attorney or a law firm engaged in investigating legal matters; 
  2.2      (5) a collection agency or finance company licensed to do 
  2.3   business under the laws of this state or an employee of one of 
  2.4   those companies while acting within the scope of employment when 
  2.5   making an investigation incidental to the business of the 
  2.6   agency, including an investigation as to location of a debtor, 
  2.7   of the debtor's assets or property, provided the client has a 
  2.8   financial interest in or a lien upon the assets or property of 
  2.9   the debtor; 
  2.10     (6) an insurance adjuster employed exclusively by an 
  2.11  insurance company, or licensed as an adjuster with the state of 
  2.12  Minnesota and engaged in the business of adjusting insurance 
  2.13  claims; or 
  2.14     (7) persons engaged in responding to alarm signals 
  2.15  including, but not limited to, fire alarms, industrial process 
  2.16  failure alarms and burglary alarms, for purposes of maintaining, 
  2.17  repairing or resetting the alarm, or for opening the premises 
  2.18  for law enforcement personnel or responding agents. 
  2.19     Sec. 2.  Minnesota Statutes 1996, section 326.338, 
  2.20  subdivision 1, is amended to read: 
  2.21     Subdivision 1.  [PRIVATE DETECTIVE.] Persons who for a fee, 
  2.22  reward, or other consideration, undertake any of the following 
  2.23  acts for the purpose of obtaining information for others are 
  2.24  considered to be engaged in the business of a private detective: 
  2.25     (1) investigating crimes or wrongs done or threatened 
  2.26  against the government of the United States or of any state, 
  2.27  county, or municipal subdivision thereof; 
  2.28     (2) investigating the identity, habits, conduct, movements, 
  2.29  whereabouts, transactions, reputation, or character of any 
  2.30  person or organization; 
  2.31     (3) investigating the credibility of witnesses or other 
  2.32  persons; 
  2.33     (4) investigating the location or recovery of lost or 
  2.34  stolen property; 
  2.35     (5) investigating the origin of and responsibility for 
  2.36  libels, losses, accidents, or damage or injuries to persons or 
  3.1   property; 
  3.2      (6) investigating the affiliation, connection, or 
  3.3   relationship of any person, firm, or corporation with any 
  3.4   organization, society, or association, or with any official, 
  3.5   representative, or member thereof; 
  3.6      (7) investigating the conduct, honesty, efficiency, 
  3.7   loyalty, or activities of employees, persons seeking employment, 
  3.8   agents, or contractors and subcontractors; 
  3.9      (8) obtaining through investigation evidence to be used 
  3.10  before any authorized investigating committee, board of award, 
  3.11  board of arbitration, administrative body, or officer or in 
  3.12  preparation for trial of civil or criminal cases; or 
  3.13     (9) investigating the identity or apprehension of persons 
  3.14  suspected of crimes or misdemeanors, including, but not limited 
  3.15  to, bounty hunter and bail bond enforcement services.