Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 649-H.F.No. 1961 
           An act relating to state departments and agencies; 
          changing the composition and powers of the board of 
          private detective and protective agent services; 
          changing requirements for obtaining a license; 
          amending Minnesota Statutes 1982, sections 326.33; 
          326.331; 326.332, subdivision 1; and 326.333; 
          repealing Minnesota Statutes 1982, section 299C.01, 
          subdivision 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 326.33, is 
amended to read: 
    326.33 [BOARD OF PRIVATE DETECTIVE AND PROTECTIVE AGENT 
SERVICES; CREATION.] 
    Subdivision 1.  [MEMBERS; MEETINGS.] There is hereby 
created a board of private detective and protective agent 
services, consisting of the attorney general or a departmental 
employee designated by him; the superintendent of the bureau of 
criminal apprehension or a departmental employee designated by 
him; and, a licensed protective agent, a licensed private 
detective, and two public members appointed by the governor.  
Membership terms, compensation of members, removal of members, 
the filling of membership vacancies, and fiscal year and 
reporting requirements shall be as provided in sections 214.07 
to 214.09.  The provision of staff, administrative services and 
office space; the review and processing of complaints; the 
setting of board fees; and other provisions relating to board 
operations shall be as provided in chapter 214. 
    The board members shall meet as they deem necessary and 
conduct such business ascribed to the board by the provisions of 
sections 326.331 to 326.339.  The board shall designate one of 
the board members to fulfill the capacity of board chairman who 
will remain in the capacity of chairman for a term of one year.  
The board shall have the option of retaining or replacing a 
board member as chairman. 
    Subd. 2.  [RULEMAKING.] The board may adopt rules according 
to chapter 14 to govern the selection, training, and licensing 
of private detectives and protective agents.  
    Subd. 3.  [REVIEW OF APPLICATIONS.] It shall be the duty of 
the board to receive and review all applications for private 
detective and protective agent licenses and render approval or 
denial of the issuance of such licenses within the intent of 
sections 326.331 to 326.339. 
    (1) Upon conducting a board review of the application the 
board may approve the application for licensing and shall 
subsequently issue a license. 
    (2) Upon conducting a board review of the application the 
board may deny the application for licensing on the grounds that 
the applicant does not conform to the provisions of sections 
326.331 to 326.339. 
    (3) Upon denial of a license the board chairman shall 
notify the applicant of the board finding and the facts and 
circumstances that constitute the board finding.  The board 
chairman shall advise the applicant of the right of the 
applicant to a hearing pursuant to chapter 14. 
    Subd. 3. 4.  [REVIEW OF OBJECTIONS; HEARINGS.] The board 
shall receive objections to the continued possession of a 
license by a licensee on the ground that such licensee has not 
observed the provisions of sections 326.331 to 326.339, or any 
other law of Minnesota, or has ceased to be a qualified person. 
    (1) If a licensee or any employee of a licensee while 
acting in the capacity of a private detective or protective 
agent violates any provision of sections 326.331 to 326.339, 
such licensee may be subject to a board hearing and the 
suspension of the holder's license. 
    (2) If any licensee is convicted of a felony, such licensee 
shall be the subject of a board hearing and shall be subject to 
the revocation of the holder's license. 
    Subd. 4. 5.  [FAILURE TO APPEAR BEFORE BOARD.] Whoever 
shall fail to appear before a board hearing after receiving 
proper and timely notice shall forfeit by default any interest 
in the proceedings. 
    Subd. 5. 6.  [COMPENSATION TO BOARD MEMBERS.] Members of 
the board of private detective and protective agent services 
shall receive, in addition to necessary traveling and lodging 
expenses, $35 per day for each day actually engaged in board 
activities, provided, however, members of the board who are 
state employees will be governed by state rules and regulations 
regarding travel expense and per diem payments. 
    Sec. 2.  Minnesota Statutes 1982, section 326.331, is 
amended to read: 
    326.331 [LICENSES.] 
    No person shall engage in the business of private 
detective, investigator, or protective agent for hire, fee or 
reward, or advertise or indicate in any letter, document or 
verbally that he is so engaged or available to supply such 
services without having first obtained a license as herein 
provided.  Any person desiring to engage in such business may 
for each office or agency to be maintained by such person shall 
apply to the commissioner of public safety board of private 
detective and protective agent services for a license.  Upon 
application by any person qualified under sections 326.331 to 
326.339 to engage in such business, the board of private 
detective and protective agent services shall issue such a 
license for a period of two years upon the conditions herein set 
forth, such license to continue for said period so long as such 
licensee remains a qualified person and complies with the 
provisions of sections 326.331 to 326.339 and with the laws of 
Minnesota.  No person shall be deemed qualified to hold such a 
license who has been convicted of felony by the courts of this 
or any other state or of the United States, or who has been 
convicted anywhere of acts which if done in Minnesota would be 
assault, theft, larceny, unlawful entry, extortion, defamation, 
buying or receiving stolen property, using, possessing, or 
carrying weapons or burglar tools or escape, or who has been 
convicted in any other country of acts which if done in 
Minnesota would be a felony or would be any of the other 
offenses specified above, nor shall any person who shall make 
any false statement in any application for license hereunder be 
deemed a qualified person to hold any such license.  No other 
license shall be required by any other political unit or 
subdivision. 
    If the applicant for a license is a corporation or 
partnership, one member of that corporation or partnership must 
meet the qualifications for a license as provided in sections 
326.331 to 326.339.  This member must be engaged in the 
operation and supervision of the business.  
    If the applicant's home office is outside Minnesota, and he 
establishes a Minnesota office, he shall provide a manager for 
the Minnesota branch office who meets the qualifications for a 
license as provided in sections 326.331 to 326.339.  The branch 
manager must be actively engaged in the operation and 
supervision of the branch office.  
    Sec. 3.  Minnesota Statutes 1982, section 326.332, 
subdivision 1, is amended to read: 
    Subdivision 1.  The application for such license shall be 
in duplicate and shall state: 
    (1) The full name, age, sex, residence for the past five 
years, present and previous occupations and employers, of all 
persons signing the application; 
    (2) That each person signing the application has attained 
the age of majority; 
    (3) That the person, firm, or corporation applying for the 
license is a resident of the state of Minnesota, or that the 
applicant holds an equivalent license in another state, which 
state shall be set forth;  
    (4) The municipality, stating the street and number or such 
apt description as will reasonably indicate the location in said 
municipality, where the licensed office of the applicant is to 
be located; 
    (5) (4) Such further facts as may be required by the 
commissioner of public safety board to show the good character, 
competency and integrity of each person signing the application; 
    (6) (5) If applicant is a corporation, the name of the 
corporation, the date and place of its incorporation, the 
location of its principal place of business or registered 
office, in its state of incorporation; 
    (7) (6) That the applicant has been a bona fide resident of 
the state of Minnesota for a period of six months immediately 
preceding the filing of the application or is presently a 
license holder in another state;  
    (8) That the license holder, one member of a partnership or 
one corporate member of a corporation shall be an active 
participant in said licensee's business, and that the branch 
manager or director of a licensee's Minnesota based office shall 
have the same qualifications as a license holder and shall 
comply with all provisions of sections 326.331 to 326.339. 
    Sec. 4.  Minnesota Statutes 1982, section 326.333, is 
amended to read: 
    326.333 [INFORMATION AND MATERIAL ACCOMPANYING 
APPLICATION.] 
    Each such application shall be accompanied by: 
    (1) A surety bond executed by a company authorized to do 
business in the state of Minnesota wherein the applicant shall 
be principal, with sureties to be approved by the commissioner 
of public safety attorney general, to the state of Minnesota, in 
the penal sum of $5,000, upon the condition that applicant and 
each of applicant's employees shall faithfully observe all the 
laws of Minnesota and of the United States, including sections 
326.331 to 326.339, and shall pay all damages suffered by any 
person by reason of the violation of any such law by applicant 
or by the commission of any wilful and malicious wrong by any 
such applicant in the course of the conduct of such business.  
Action upon such bond may be brought by any person so aggrieved 
not later than within two years of the act complained of; 
    (2) For each person signing the application the verified 
certificates of at least five citizens not related to the signer 
who have known the signer for more than five years, certifying 
that the signer is of good moral character; 
    (3) Two photographs and a full set of fingerprints for each 
person signing the application; 
    (4) A duly acknowledged certificate evidencing the fact 
that at least one of the persons signing the application for 
private detective has been regularly employed as a detective by 
a licensed detective agency or has been a member of the United 
States government investigative service, a sheriff or member of 
a city police department of a rank or grade of sergeant or 
higher who has demonstrated experience and training in 
investigative techniques, or equivalent occupation has been 
employed in an occupation which upon review the board finds 
equivalent in scope, responsibility, and training to one of the 
other occupations listed, for a period of not less than three 
years; 
    (5) An acknowledged certificate evidencing the fact that at 
least one of the persons signing the application for protective 
agent has been regularly employed as a detective or has been a 
member of the United States government investigative or 
protective service, a sheriff or member of a city police 
department of a rank or grade higher than that of patrolman who 
has demonstrated experience and training in protective and 
security techniques, or equivalent part time occupation or 
special training has been employed in an occupation which upon 
review the board finds equivalent in scope, responsibility, and 
training to one of the other occupations listed, for a period of 
not less than three years; or has completed a course prescribed 
by the state police officers training board. 
     Sec. 5.  [INSTRUCTION TO REVISOR.] 
     The revisor shall substitute "license holder" for "licensee"
where it appears in Minnesota Statutes, sections 326.32 to 
326.339. 
    Sec. 6.  [REPEALER.] 
     Minnesota Statutes 1982, section 299C.01, subdivision 3, is 
repealed. 
    Approved May 2, 1984