SF4190

Purpose

• This bill changes how protective agents and their employees are classified and trained for public safety roles. It creates a system that groups duties into security tiers and requires specific minimum training before and during employment. It also updates the rules the state uses to license and oversee protective agents, managers, partners, and employees.

Main Provisions (What the bill seeks to accomplish)

• Establishes a tiered system of security services (Tier 1 through Tier 5) that defines what duties a person performs and the corresponding training needs.
  • Tier 1: Access control, crowd flow, and traffic/parking control with minimal or no detaining; limited use of force.
  • Tier 2: Building access control, patrols, and escorting visitors; no detention of trespassers.
  • Tier 3: Unarmed high-risk building security and detaining trespassers or others suspected of crime.
  • Tier 4: Armed security in high-risk environments (e.g., armored transport or critical infrastructure).
  • Tier 5: Armed security for individuals or groups.
• Requires minimum preassignment training hours tied to each tier and ongoing (continuing) training.
  • Tier 1: at least 12 hours of preassignment/onsite training within 21 days of hire.
  • Tier 2–Tier 5: at least 40 hours of preassignment/onsite training within 21 days of hire.
  • Adds continuing training requirements (see below) and prohibits carrying or using weapons during on-the-job training.
• Sets minimum continuing training (per year) for all license holders and employees, with additional continuing hours for those armed with firearms or weapons.
  • All license holders/representatives/managers/partners/employees: 6 hours per year.
  • Those armed with firearms or weapons: an additional 6 hours per year (total 12 hours for those roles), plus annual certification.
• Requires specific content for training, including:
  • Community health and wellness topics (drug/alcohol addiction, homelessness, mental illness)
  • First aid, CPR, AED use, and opiate antagonists
  • Conflict and crisis de-escalation techniques
  • Orientation to the security industry and to public safety entities
  • Legal and industry standards for interactions with other public safety entities
  • Responding to disruptions in building operations (e.g., power outages, leaks, floods, elevator issues)
  • Identifying internal and external threats to buildings and occupants
  • Rules and procedures for detaining/arresting a person and the related liabilities
  • Best practices for safely detaining or restraining someone suspected of crime
• Requires the board to create an implementation plan to help current license holders meet the new continuing training requirements and to give credit for prior relevant experience/training from other professions.
• Adds a process for recognizing prior relevant experience and training for credit, and sets criteria for awarding that credit.
• Addresses proprietary (non-public) employers:
  • A proprietary employer is not required to obtain a state license but must still follow the training requirements for the tier of security work performed by its employees.
• Adds protections and rules related to weapons possession, including required board certification that a license holder, qualified representative, Minnesota manager, partner, or employee has completed the necessary training to carry or use a firearm, a weapon other than a firearm, or an immobilizing/restraint technique.
• Specifies that an individual may not carry or use a weapon while undergoing on-the-job training.
• Requires that the board establish rules ensuring access to training certificates, portability of certificates, and non-fee copying of certificates for employees.
• Mentions alignment with existing Minnesota law on justifiable use of force and deadly force (references to sections 609.06 and 609.065).
• Applies and integrates these changes with existing statute 326.3361 (and adds a new subdivision 1a) and 326.3381 subdivision 1a.

Significant Changes to Existing Law

• Replaces a uniform training expectation with a tier-based system that determines training needs by the specific duties performed.
• Introduces explicit minimum training hours before employment and ongoing annual continuing education, with higher hours for armed roles.
• Expands required training topics to include health, mental health crisis response, de-escalation, building disruption responses, and legal/liability concepts related to detaining or arresting individuals.
• Creates a formal process to recognize and credit prior experience and training from other jobs or professions toward these requirements.
• Extends training and certification requirements to proprietary employers’ security staff (even though those employers aren’t required to obtain a state license).
• Requires annual weapon-related certification and ongoing continuing training for armed personnel.
• Establishes rules to ensure easy access to training certificates and prevents charging employees for copies of their certificates.

Practical Implications

• People working in security roles will be categorized by the duties they perform, and their training will be tailored to that category.
• Security staff will need to complete substantial training soon after hiring and maintain ongoing education, including regular refreshers on use of force, de-escalation, medical response, and crisis management.
• There will be a formal path to credit existing skills and experiences, making it easier for current workers to meet the new standards.
• Public safety and security agencies will have clearer expectations for how security work interacts with law enforcement and other public safety entities.

Relevant Terms - protective agent, license holders, Minnesota managers, partners, employees - security services tiers: Tier 1, Tier 2, Tier 3, Tier 4, Tier 5 - preassignment training, continuing training, on-the-job training - 12 hours (Tier 1) and 40 hours (Tier 2–Tier 5) training requirements - armed with a firearm, weapon (other than firearm), immobilizing/restraint technique - first aid, CPR, AED, opiate antagonists - crisis de-escalation, conflict de-escalation, mental health crisis - community health and wellness, drug/alcohol addiction, homelessness, mental illness - legal limitations on justifiable use of force and deadly force (referencing 609.06 and 609.065) - responding to disruptions in building operations (power outages, water issues, elevator problems) - detaining or arresting a person, liability and legal obligations - best practices for detaining or restraining - identifying threats to buildings and occupants - interaction with public safety entities - certificate ownership and portability, copy of certificate, access to certificates - proprietary employers (non-licensed but subject to training requirements)