Minnesota Session Laws - 1990, Regular Session

  

                         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 holder person violating 
subdivision 1 or 1a this 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.