language to be deleted (2) new language
Laws of Minnesota 1990 CHAPTER 485-H.F.No. 1928 An act relating to occupations and professions; providing for training for armed employees of private detectives and protective agents; prohibiting certain acts by protective agents and security guards during a labor dispute; amending Minnesota Statutes 1988, sections 326.32, by adding a subdivision; and 326.3384, by adding a subdivision; Minnesota Statutes 1989 Supplement, section 326.3384, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 326. 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. 14. [ARMED EMPLOYEE.] "Armed employee" means an employee of a private detective or protective agent who at any time in the performance of the employee's duties wears, carries, possesses, or has access to a firearm. Sec. 2. [326.3361] [TRAINING.] Subdivision 1. [RULES.] The board shall, by rule, prescribe the requirements, duration, contents, and standards for successful completion of training programs for employees, including: (1) first aid and firearms training required for armed employees, including training in the legal limitations on the justifiable use of force and deadly force as specified in sections 609.06 and 609.065; (2) training in the use of weapons other than firearms, including bludgeons, nightsticks, batons, chemical weapons, and electronic incapacitation devices, and in the use of restraint or immobilization techniques, including the carotid neck restraint; (3) standards for weapons and equipment issued to or carried or used by employees; (4) preassignment or on-the-job training, or its equivalent, required before applicants may be certified; and (5) continuing training for employees and armed employees. Subd. 2. [REQUIRED CONTENTS.] The rules adopted by the board must require: (1) 12 hours of preassignment or on-the-job training within the first 21 days of employment, or evidence that the employee has successfully completed equivalent training before the start of employment; (2) standards for certification of an employee, by the board, as qualified to carry or use a firearm, a weapon other than a firearm, or an immobilizing or restraint technique; and (3) six hours a year of continuing training for all employees, and an additional six hours a year for armed employees, which must include annual certification of the armed employee. An employee may not carry or use a weapon while undergoing on-the-job training under this subdivision. Subd. 3. [USE OF WEAPONS; CERTIFICATION REQUIRED.] The rules must provide that no employee may carry or use a weapon or immobilizing or restraint technique without being certified by the board as qualified to do so. The board shall issue an identification card to a person certified under this subdivision. A certified employee shall have the card in the employee's possession while working as an armed employee. Subd. 4. [FULL-TIME PEACE OFFICERS.] A person licensed as a peace officer by the board of peace officer standards and training meets the training requirements of this section. Sec. 3. Minnesota Statutes 1988, section 326.3384, is amended by adding a subdivision to read: Subd. 1b. [ACTS PROHIBITED DURING LABOR DISPUTES, STRIKES, AND LOCKOUTS.] (a) This subdivision applies to (1) a license holder or an employee of a license holder who is primarily performing the duties of a protective agent; or (2) a security guard who is primarily performing the duties of a security guard. (b) A person described in paragraph (a) is prohibited from doing any of the activities described in clauses (1) to (5) during a labor dispute, strike, or lockout as defined in section 179.01, subdivisions 7, 8, and 9: (1) inciting, encouraging, or aiding in the incitement or encouragement of any participant to do unlawful acts against the person or property of anyone; (2) photographing a participant when neither that person nor the photographer is on the premises being protected by the persons described in paragraph (a); (3) stopping or detaining any vehicle unless the vehicle is on premises being protected by the persons described in paragraph (a); (4) conducting surveillance of participants, when neither the participant nor the person conducting the surveillance is on the premises being protected by the person described in paragraph (a), or of their businesses, or homes; or (5) any other activities that are outside of the scope of the duties described in sections 326.32, subdivision 13, and 326.338, subdivision 4, and have the purpose of intimidating or provoking a participant. Sec. 4. Minnesota Statutes 1989 Supplement, section 326.3384, subdivision 2, is amended to read: Subd. 2. [PENALTY.] (a) A
license holderperson violating subdivision 1 or 1athis section is guilty of a gross misdemeanor. (b) The board shall suspend the license of a license holder for the periods described in paragraph (c) if the license holder or an employee of the license holder is convicted of a violation of subdivision 1b. The board shall prohibit an employee of a license holder from working for any license holder for the periods described in paragraph (c) if the employee is convicted of a violation of subdivision 1b. (c) The periods described in paragraph (b) are as follows: (1) 60 days for the first violation; (2) six months for the second violation; and (3) one year for the third violation. Presented to the governor April 23, 1990 Signed by the governor April 23, 1990, 8:56 p.m.
Official Publication of the State of Minnesota Revisor of Statutes