Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 171-H.F.No. 186 
           An act relating to employment; protective agents; 
          prohibiting employers to hire as a protective agent a 
          person convicted of certain crimes; disqualifying 
          persons convicted of criminal sexual conduct from 
          holding a license to operate a private detective or 
          protective agent service; prohibiting the use of armed 
          protective agents in connection with labor disputes in 
          certain circumstances; amending Minnesota Statutes 
          1988, sections 326.32, by adding subdivisions; 
          326.336, subdivision 1; 326.3381, subdivision 3, and 
          by adding a subdivision; 326.3384, subdivision 2, and 
          by adding a subdivision; and 364.09. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 326.32, is 
amended by adding a subdivision to read: 
    Subd. 10c.  A "proprietary employer" means an individual, 
partnership, or corporation that is not engaged in the business 
of providing protective agents but employs individuals to serve 
as security guards solely on the employer's property and its 
curtilage.  
    Sec. 2.  Minnesota Statutes 1988, section 326.32, is 
amended by adding a subdivision to read: 
    Subd. 13.  (a) "Security guard" means a person who wears or 
carries any insignia that identifies the person to the public as 
security, who is paid a fee, wage, or salary to do one or more 
of the following: 
    (1) prevent or detect intrusion, unauthorized entry or 
activity, vandalism, or trespass on private property; 
    (2) prevent or detect theft, loss, embezzlement, 
misappropriation, or concealment of merchandise, money, bonds, 
stocks, notes, or other valuable documents or papers; 
    (3) control, regulate, or direct the flow or movements of 
the public, whether by vehicle or otherwise, to assure 
protection of private property; 
    (4) protect individuals from bodily harm; or 
    (5) enforce policies and rules of the security guard's 
employer related to crime reduction to the extent that the 
enforcement falls within the scope of the security guard's 
duties.  
    (b) The term "security guard" does not include: 
    (1) an auditor, accountant, or accounting clerk performing 
audits or accounting functions; 
    (2) an employee of a firm licensed under section 326.3381 
whose duties are primarily administrative or clerical in nature; 
    (3) a person employed by a proprietary company to conduct 
plain-clothes surveillance or investigation; 
    (4) a person temporarily employed under statute or 
ordinance by political subdivisions to provide protective 
services at social functions; 
    (5) an employee of an air or rail carrier; 
    (6) a customer service representative or sales clerk 
employed in a retail establishment; or 
    (7) a person employed to perform primarily maintenance or 
custodial functions. 
    Sec. 3.  Minnesota Statutes 1988, section 326.336, 
subdivision 1, is amended to read: 
    Subdivision 1.  A license holder may employ, in connection 
with the business of private detective or protective agent, as 
many unlicensed persons as may be necessary; provided that every 
license holder is at all times accountable for the good conduct 
of every person employed.  When a license holder hires a person 
to perform services as a private detective or protective agent, 
the employer shall submit to the bureau of criminal apprehension 
a full set of fingerprints of each employee and the written 
consent of the employee or prospective employee for to enable 
the bureau to determine whether that person has a criminal 
record.  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 serve 
as a private detective or protective agent, but may be trained 
by the employer.  The bureau shall immediately request the 
Federal Bureau of Investigation to conduct a check of each 
conditional employee's criminal record, and the bureau of 
criminal apprehension shall immediately forward the results to 
the employer when they are received.  If the bureau report or 
Federal Bureau of Investigation report indicates that the 
employee was convicted of a disqualifying offense, the employer 
shall immediately dismiss the employee.  
    Sec. 4.  Minnesota Statutes 1988, section 326.3381, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [PROPRIETARY EMPLOYERS.] A proprietary employer 
is not required to obtain a license, but must comply with 
section 326.336, subdivision 1, with respect to the hiring of 
security guards.  
    Sec. 5.  Minnesota Statutes 1988, section 326.3381, 
subdivision 3, is amended to read: 
    Subd. 3.  [DISQUALIFICATION.] No person is qualified to 
hold a license who has: 
    (1) been convicted of (i) a felony by the courts of this or 
any other state or of the United States; (ii) acts which, if 
done in Minnesota, would be criminal sexual conduct; assault; 
theft; larceny; burglary; robbery; unlawful entry; extortion; 
defamation; buying or receiving stolen property; using, 
possessing, manufacturing, or carrying weapons unlawfully; 
using, possessing, or carrying burglary tools unlawfully; 
escape; possession, production, sale, or distribution of 
narcotics unlawfully; or (iii) in any other country of acts 
which, if done in Minnesota, would be a felony or would be any 
of the other offenses provided in this clause and for which a 
full pardon or similar relief has not been granted; 
    (2) made any false statement in an application for a 
license or any document required to be submitted to the board; 
or 
    (3) failed to demonstrate to the board good character, 
honesty, and integrity. 
     Sec. 6.  Minnesota Statutes 1988, section 326.3384, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [LABOR DISPUTES.] No license holder, in the 
course of providing protective agent services, may provide armed 
protective personnel to labor disputes or strike locations.  
This subdivision does not apply to the use of armed security 
personnel services utilized in the usual course of business for 
the protection of persons, property, and payroll. 
    Sec. 7.  Minnesota Statutes 1988, section 326.3384, 
subdivision 2, is amended to read: 
    Subd. 2.  [PENALTY.] A license holder violating subdivision 
1 or 1a is guilty of a gross misdemeanor. 
    Sec. 8.  Minnesota Statutes 1988, section 364.09, is 
amended to read: 
    364.09 [EXCEPTIONS.] 
    This chapter shall not apply to the practice of law 
enforcement, to eligibility for a private detective or 
protective agent license, to eligibility for a family day care 
license, a family foster care license, a home care provider 
license, or to eligibility for school bus driver endorsements.  
Nothing in this section shall be construed to preclude the 
Minnesota police and peace officers training board from 
recommending policies set forth in this chapter to the attorney 
general for adoption in the attorney general's discretion to 
apply to law enforcement. 
    Sec. 9.  [EFFECT ON CURRENT EMPLOYEES.] 
    Sections 1 to 4 do not apply to persons hired before the 
effective date of those sections. 
    Sec. 10.  [EFFECTIVE DATE.] 
    Sections 1 to 9 are effective the day following final 
enactment. 
    Presented to the governor May 16, 1989 
    Signed by the governor May 19, 1989, 4:35 p.m.