Minnesota Legislature
SF 350
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:12am
Current Version - as introduced
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A bill for an act
relating to public safety; clarifying the powers and duties of the POST Board;
amending Minnesota Statutes 2008, sections 626.843, subdivisions 1, 3; 626.845,
subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 626.843, subdivision 1, is amended to read:
Subdivision 1.
Rules required.
The board shall adopt rules with respect to:
(1) the certification of deleted text begin peace officer training schools, programs, or courses including
training schools for the Minnesota State Patrol. Such schools, programs and courses
shall include those administered by the state, county, school district, municipality, or
joint or contractual combinations thereof, and shall include preparatory instruction in
law enforcement and minimum basic training coursesdeleted text end new text begin postsecondary schools to provide
programs of professional peace officer educationnew text end ;
(2) minimum courses of studydeleted text begin , attendance requirements,deleted text end and equipment and facilities
to be required at each certified deleted text begin peace officers trainingdeleted text end school deleted text begin locateddeleted text end within the state;
(3) minimum qualifications for new text begin coordinators and new text end instructors at certified deleted text begin peace officer
trainingdeleted text end schools new text begin offering a program of professional peace officer education new text end located within
this state;
(4) minimum standards of physical, mental, and educational fitness which shall
govern the deleted text begin recruitmentdeleted text end new text begin admission to professional peace officer education programs new text end and
new text begin the new text end licensing of peace officers within the state, by any state, county, municipality, or joint
or contractual combination thereof, including members of the Minnesota State Patrol;
(5) new text begin board-approved continuing education courses that ensure professional
competence of peace officers and part-time peace officers;
new text end
new text begin (6) new text end minimum standards of conduct which would affect the individual's performance
of duties as a peace officer. These standards shall be established and published. The
board shall review the minimum standards of conduct described in this clause for possible
modification in 1998 and every three years after that time;
deleted text begin
(6) minimum basic training which peace officers appointed to temporary or
probationary terms shall complete before being eligible for permanent appointment,
and the time within which such basic training must be completed following any such
appointment to a temporary or probationary term;
deleted text end
deleted text begin
(7) minimum specialized training which part-time peace officers shall complete in
order to be eligible for continued employment as a part-time peace officer or permanent
employment as a peace officer, and the time within which the specialized training must
be completed;
deleted text end
deleted text begin (8) content of minimum basic training courses required of graduates of certified law
enforcement training schools or programs. Such courses shall not duplicate the content
of certified academic or general background courses completed by a student but shall
concentrate on practical skills deemed essential for a peace officer. Successful completion
of such a coursedeleted text end new text begin (7) a set of educational learning objectives that must be met within a
certified school's professional peace officer education program. These learning objectives
must concentrate on the knowledge, skills, and abilities deemed essential for a peace
officer. Education in these learning objectives new text end shall be deemed deleted text begin satisfactiondeleted text end new text begin satisfactory for
the completion new text end of the minimum basic training requirement;
deleted text begin
(9) grading, reporting, attendance and other records, and certificates of attendance
or accomplishment;
deleted text end
deleted text begin
(10) the procedures to be followed by a part-time peace officer for notifying
the board of intent to pursue the specialized training for part-time peace officers who
desire to become peace officers pursuant to clause (7), and section 626.845, subdivision
1, clause (7);
deleted text end
deleted text begin (11)deleted text end new text begin (8) new text end the establishment and use by any political subdivision or state law
enforcement agency deleted text begin whichdeleted text end new text begin that new text end employs persons licensed by the board of procedures for
investigation and resolution of allegations of misconduct by persons licensed by the board.
The procedures shall be in writing and shall be established on or before October 1, 1984;
deleted text begin (12)deleted text end new text begin (9) new text end the issues that must be considered by each political subdivision and state
law enforcement agency that employs persons licensed by the board in establishing
procedures under section 626.5532 to govern the conduct of peace officers who are in
pursuit of a vehicle being operated in violation of section 609.487, and requirements for
the training of peace officers in conducting pursuits. The adoption of specific procedures
and requirements is within the authority of the political subdivision or agency;
deleted text begin (13)deleted text end new text begin (10) new text end supervision of part-time peace officers and requirements for documentation
of hours worked by a part-time peace officer who is on active duty. These rules shall be
adopted by December 31, 1993;
deleted text begin (14)deleted text end new text begin (11) new text end citizenship requirements for deleted text begin full-timedeleted text end new text begin peace officers new text end and part-time peace
officers;
deleted text begin (15)deleted text end new text begin (12) new text end driver's license requirements for deleted text begin full-timedeleted text end new text begin peace officers new text end and part-time
peace officers; and
deleted text begin (16)deleted text end new text begin (13) new text end such other matters as may be necessary consistent with sections 626.84 to
626.863. Rules promulgated by the attorney general with respect to these matters may be
continued in force by resolution of the board if the board finds the rules to be consistent
with sections 626.84 to 626.863.
Sec. 2.
Minnesota Statutes 2008, section 626.843, subdivision 3, is amended to read:
Subd. 3.
Board authority.
The board may, in addition:
(1) recommend studies, surveys, and reports to be made by the executive director
regarding the carrying out of the objectives and purposes of sections 626.841 to 626.863;
(2) visit and inspect any deleted text begin peace officer trainingdeleted text end new text begin certified new text end school deleted text begin approved by the
executive directordeleted text end new text begin that offers the professional peace officer education program new text end or for
which application for deleted text begin such approvaldeleted text end new text begin certification new text end has been made;
(3) make recommendations, from time to time, to the executive director, attorney
general, and the governor regarding the carrying out of the objectives and purposes of
sections 626.841 to 626.863;
(4) perform such other acts as may be necessary or appropriate to carry out the
powers and duties of the board deleted text begin as set forth indeleted text end new text begin under new text end sections 626.841 to 626.863; new text begin and
new text end
(5) cooperate with and receive financial assistance from and join in projects or
enter into contracts with the federal government or its agencies for the furtherance of
the purposes of Laws 1977, chapter 433.
Sec. 3.
Minnesota Statutes 2008, section 626.845, subdivision 1, is amended to read:
Subdivision 1.
Powers and duties.
The board shall have the following powers
and duties:
(1) to certify deleted text begin peace officers' training schools or programs administered by state,
county and municipalities located within this state in whole or in part no later than 90
days after receipt of an application for certification. The reasons for noncertification of
any school or program or part thereof shall be transmitted to the school within 90 days
and shall contain a detailed explanation of the reasons for which the school or program
was disapproved and an explanation of what supporting material or other requirements
are necessary for the board to reconsider. Disapproval of a school or program shall
not preclude the reapplication for certification of the school or programdeleted text end new text begin postsecondary
schools to provide programs of professional peace officer education based on a set of
board-approved professional peace officer education learning objectivesnew text end ;
(2) to issue certificates to new text begin postsecondary new text end schools, and to revoke deleted text begin suchdeleted text end certification
when necessary to maintain the objectives and purposes of sections 626.841 to 626.863;
(3) deleted text begin to certify, as qualified, instructors at peace officer training schools, and to issue
appropriate certificates to such instructors;
deleted text end
deleted text begin (4)deleted text end to license peace officers who have deleted text begin satisfactorily completed certified basic training
programs,deleted text end new text begin met the education and experience requirements new text end and passed examinations as
required by the board;
new text begin
(4) to develop and administer licensing examinations based on the board's learning
objectives;
new text end
(5) deleted text begin to cause studies and surveys to be made relating to the establishment, operation,
and approval of state, county, and municipal peace officer training schools;
deleted text end
deleted text begin (6)deleted text end to consult and cooperate with deleted text begin state, county, and municipal peace officer training
schoolsdeleted text end new text begin continuing education providers new text end for the development of in-service training
programs for peace officers;
deleted text begin (7)deleted text end new text begin (6) new text end to consult and cooperate with deleted text begin universities, colleges, and technical collegesdeleted text end
new text begin postsecondary schools new text end for the development deleted text begin of specialized courses of instruction and study
in the state for peace officers and part-time peace officers in police science and police
administrationdeleted text end new text begin and improvement of professional peace officer educationnew text end ;
deleted text begin (8)deleted text end new text begin (7) new text end to consult and cooperate with other departments and agencies of the state and
federal government concerned with peace officer standards and training;
deleted text begin (9)deleted text end new text begin (8) new text end to perform such other acts as may be necessary and appropriate to carry out
the powers and duties deleted text begin as set forth in the provisionsdeleted text end of sections 626.841 to 626.863;
deleted text begin
(10) to coordinate the provision, on a regional basis, of skills oriented basic training
courses to graduates of certified law enforcement training schools or programs;
deleted text end
deleted text begin (11)deleted text end new text begin (9) new text end to obtain criminal conviction data for persons seeking a license to be issued
or possessing a license issued by the board. The board shall have authority to obtain
criminal conviction data to the full extent that any other law enforcement agency, as that
term is defined by state or federal law, has to obtain the data;
deleted text begin (12)deleted text end new text begin (10) new text end to prepare and transmit annually to the governor a report of its activities
with respect to allocation of deleted text begin moneysdeleted text end new text begin money new text end appropriated to it for peace officers training,
including the name deleted text begin and addressdeleted text end of each recipient of money for that purposedeleted text begin ,deleted text end new text begin and new text end the
amount awardeddeleted text begin , and the purpose of the awarddeleted text end ; and
deleted text begin (13)deleted text end new text begin (11) new text end to assist and cooperate with any political subdivision or state law
enforcement agency deleted text begin whichdeleted text end new text begin that new text end employs persons licensed by the board to establish written
deleted text begin procedures for the investigation and resolution of allegations of misconduct ofdeleted text end new text begin policies as
mandated by the state pertaining to new text end persons licensed by the board, and to enforce licensing
sanctions for failure to implement deleted text begin such proceduresdeleted text end new text begin these policiesnew text end .
In addition, the board may maintain data received from law enforcement agencies
under section 626.87, subdivision 5, provide the data to requesting law enforcement
agencies who are conducting background investigations, and maintain data on applicants
and licensees as part of peace officer license data. The data that may be maintained
include the name of the law enforcement agency conducting the investigation and data on
the candidate provided under section 626.87, subdivision 5, clauses (1) and (2).