SF 4242

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2020 03:49pm

A bill for an act
relating to public safety; requiring background checks for employees of security
system companies; proposing coding for new law in Minnesota Statutes, chapter
326.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [326.522] SECURITY SYSTEM COMPANIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Security system" means an aggregation of devices, equipment, or services designed
to signal the presence of intrusion, break-in, theft, movement, or sound.
new text end

new text begin (c) "Security system company" means a person engaged in the sale, installation,
maintenance, alteration, repair, replacement, servicing, or monitoring of a security system.
Security system company does not include:
new text end

new text begin (1) a person engaged in the manufacture and sale of security systems when that person
is not engaged in the installation, maintenance, alteration, repair, replacement, servicing,
or monitoring of security systems and the manufacture or sale occurs only at a place of
business established by the person engaged in the manufacture or sale and does not involve
site visits at the place or intended place of installation of a security system; or
new text end

new text begin (2) an owner of a security system, or an employee of the owner of a security system,
who is engaged in installation, maintenance, alteration, repair, replacement, servicing, or
monitoring of a security system.
new text end

new text begin (d) "Security system installation" means the placing and connection of equipment and
devices such as control panels; batteries, excluding battery-operated smoke alarms; motion
detectors; switches; annunciators; sensors; sirens; horns; bells; networks; microprocessors;
other communication equipment; and similar devices. Installation includes programming
the client's control panel to include programming or reprogramming for access codes, system
protocol, bypass features, and hours of operation.
new text end

new text begin (e) "Sensitive security system information" means any information that would permit a
person to compromise, bypass, deactivate, or disable any part of a security system. Sensitive
security system information does not include knowledge of what is installed in the home
nor the location, by general description, of the equipment installed unless the knowledge
would permit a person to compromise, bypass, deactivate, or disable any part of an alarm
system.
new text end

new text begin Subd. 2. new text end

new text begin Employees of security system company; background checks. new text end

new text begin (a) A security
system company is accountable for the good conduct of every person employed by the
security system company. When a security system company hires a person to be employed
by the security system company, the company shall conduct a background check of the
employee.
new text end

new text begin (b) The security system company shall submit to the Bureau of Criminal Apprehension
a full set of fingerprints of the employee and the written consent of the employee to enable
the bureau to determine whether that person has a criminal record.
new text end

new text begin (c) The employee is a conditional employee until the employer receives a report from
the bureau that, based on a check of the criminal records maintained by the bureau, the
prospective employee has not been convicted in Minnesota of a felony or any offense listed
in section 326.3381, subdivision 3, other than a misdemeanor or gross misdemeanor assault.
During the period of conditional employment, the person may not have access to sensitive
security system information, but may be otherwise trained by the security system company.
new text end

new text begin (d) The bureau shall immediately forward the fingerprints to the Federal Bureau of
Investigation and request the Federal Bureau of Investigation to conduct a criminal history
check of each conditional employee. The bureau shall determine if the Federal Bureau of
Investigation report indicates that the employee was convicted of a disqualifying offense
and shall notify the employer accordingly. The security system company shall immediately
dismiss an employee who has been convicted of a disqualifying offense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
new text end