Functions performed by protective agent license holders and their employees classified, minimum preservice established, and training requirements for protective agents and their employees based on the functions performed by the person continued.

A bill for an act

relating to public safety; classifying functions performed by protective agent license

holders and their employees; establishing minimum preservice and continuing

training requirements for protective agents and their employees based on the

functions performed by the person; amending Minnesota Statutes 2024, sections

326.3361, subdivisions 1, 2, by adding a subdivision; 326.3381, subdivision 1a.

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

Section 1.

Minnesota Statutes 2024, section 326.3361, subdivision 1, is amended to read:

Subdivision 1.

Rules.

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(a)
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The board shall, by rule, prescribe the requirements, duration,

contents, and standards for successful completion of certified training programs for license

holders, qualified representatives, Minnesota managers, partners, and employees, including:

(1) for those individuals who are armed with a firearm, training in the proper use of, and

the risks and dangers arising from the use of, firearms;

(2) for those individuals who are armed with a weapon, training in the proper use of,

and the risks and dangers arising from the use of, weapons other than firearms, including,

but not limited to, bludgeons, nightsticks, batons, chemical weapons, and electronic

incapacitation devices, and restraint or immobilization techniques;

(3) for those individuals who are armed with a firearm or armed with a weapon, training

in first aid and alternatives to the use of force, including advantages to not using force and

specifically when force should not be used;

(4) for those individuals who are armed with a firearm or armed with a weapon, training

in the legal limitations on the justifiable use of force and deadly force as specified in sections

609.06
and
609.065
;

(5) standards for weapons and equipment issued to or carried or used by those individuals;

(6) preassignment or on-the-job training, or its equivalent, required before applicants
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and applicants' qualified representatives, Minnesota managers, partners, and employees
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may be certified as having completed training; and

(7) continuing training for license holders, qualified representatives, Minnesota managers,

partners, employees, individuals armed with a firearm, and individuals armed with a weapon.

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(b) The board's rules prescribing preassignment training under paragraph (a), clause (6),

and continuing training under paragraph (a), clause (7), must include, at a minimum:

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(1) community health and wellness, including drug and alcohol addiction, homelessness,

and mental illness;

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(2) first aid, including training in administering cardiopulmonary resuscitation, using

automated external defibrillators, and administering opiate antagonists;

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(3) conflict and crisis de-escalation strategies and techniques for responding to incidents

of violence, persons impaired by alcohol or a controlled substance, and persons suffering

from a mental health crisis;

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(4) orientation to the security industry;

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(5) orientation to the entities responsible for public safety and the entities' duties and

roles;

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(6) the legal and industry standards for how license holders and license holders' agents

and employees should interact with employees of other entities responsible for ensuring

public safety;

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(7) responding to disruptions in building operations, including electrical outages, water

disruption, water leaks, flooding, elevator service disruptions, and elevator entrapments;

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(8) identifying internal and external threats to buildings and the buildings' occupants;

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(9) a citizen's authority to detain or arrest a person suspected of committing a crime and

the legal obligations and liability associated with detaining or arresting a person; and

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(10) best practices for safely detaining or restraining a person suspected of committing

a crime.

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(c) The board must establish an implementation plan for existing license holders to

comply with the additional continuing training requirements under this subdivision. The

implementation plan must reduce the training requirements for persons with prior relevant

experience and training in other professions and occupations.

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Sec. 2.

Minnesota Statutes 2024, section 326.3361, is amended by adding a subdivision

to read:

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Subd. 1a.

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Classification of duties for protective agents and employees; training

requirements.

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(a) The board must use the security service tiers designated in this subdivision

to determine training requirements needed for a license holder or an employee to perform

the functions associated with each tier. At a minimum, a license holder or an employee must

receive preassignment training according to paragraphs (b) to (f).

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(b) "Tier 1 security services" include facility or event access control, crowd flow, and

traffic and parking control. Tier 1 security services may require minimal use of force with

no expectation of detaining persons. A person performing tier 1 security services must

complete preassignment training that satisfies the requirements in subdivision 1, paragraph

(b), clauses (3) to (6).

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(c) "Tier 2 security services" include building access control, patrols, and escorting

visitors with no expectation of detaining trespassers or other persons suspected of criminal

conduct. A person performing tier 2 security services must complete preassignment training

that satisfies the requirements in subdivision 1, paragraph (b), clauses (1) to (8).

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(d) "Tier 3 security services" include providing unarmed high-risk building security and

detaining trespassers or other persons suspected of criminal conduct. A person performing

tier 3 security services must complete preassignment training that satisfies the requirements

in subdivision 1, paragraph (b), clauses (1) to (10).

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(e) "Tier 4 security services" include providing armed security in a high-risk environment,

such as armored transport or critical infrastructure. A person performing tier 4 security

services must complete preassignment training that satisfies the requirements in subdivision

1, paragraphs (a) and (b), clauses (1) to (10).

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(f) "Tier 5 security services" include providing armed security for an individual or a

group. A person performing tier 5 security services must complete preassignment training

that satisfies the requirements in subdivision 1, paragraphs (a) and (b), clauses (2), (3), (5),

(6), (9), and (10).

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Sec. 3.

Minnesota Statutes 2024, section 326.3361, subdivision 2, is amended to read:

Subd. 2.

Required contents.

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(a)
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The rules adopted by the board must require:

(1)
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for persons assigned to perform tier 1 security services, a minimum of
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12 hours of

preassignment or on-the-job certified training within the first 21 days of employment
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,
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or

evidence that the employee has successfully completed equivalent training before the start

of employment
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.
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; and
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(2) for persons assigned to perform tier 2 through 5 security services, a minimum of 40

hours of preassignment or on-the-job certified training within the first 21 days of employment

or evidence that the employee has successfully completed equivalent training before the

start of employment.

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(b)
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Notwithstanding any statute or rule to the contrary,
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this clause
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paragraph (a)
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is

satisfied if the employee provides a prospective employer with a certificate or a copy of a

certificate demonstrating that the employee successfully completed this training prior to

employment with a different Minnesota licensee and completed this training within three

previous calendar years, or successfully completed this training with a Minnesota licensee

while previously employed with a Minnesota licensee. The certificate or a copy of the

certificate is the property of the employee who completed the training, regardless of who

paid for the training or how training was provided. Upon a current or former employee's

request, a current or former licensed employer must provide a copy of a certificate

demonstrating the employee's successful completion of training to the current or former

employee. The current or former licensed employer must not charge the employee a fee for

a copy of the certificate. The employee who completed the training is entitled to access a

copy of the certificate at no charge according to sections
181.960
to
181.966
. A current or

former employer must comply with sections
181.960
to
181.966
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;
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.
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(c) Rules adopted by the board must establish criteria for persons subject to the training

requirements in paragraph (a), clause (2), to receive credit for prior relevant experience and

training acquired through service in other professions and occupations.

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(d) The rules adopted by the board related to weapons possession must require:

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(2)
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(1)
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certification by the board of completion of certified training for a license holder,

qualified representative, Minnesota manager, partner, and employee to carry or use a firearm,

a weapon other than a firearm, or an immobilizing or restraint technique; and

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(3)
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(2)
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six hours a year of certified continuing training for all license holders, qualified

representatives, Minnesota managers, partners, and employees, and an additional six hours

a year for individuals who are armed with firearms or armed with weapons, which must

include annual certification of the individual.

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(e)
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An individual may not carry or use a weapon while undergoing on-the-job training
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under this subdivision
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.

Sec. 4.

Minnesota Statutes 2024, section 326.3381, subdivision 1a, is amended 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.
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An employee of a proprietary employer who performs security functions

must complete the training requirements in section 326.3361 and corresponding rules for

the tier of security services that the employee is assigned to perform.
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