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HF 570

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to peace officers; prescribing grounds for 
  1.3             license revocation, suspension, or denial; removing 
  1.4             the requirement that the peace officer standards and 
  1.5             training board report to the legislature on the 
  1.6             activities of the minority recruiter; repealing the 
  1.7             law empowering council members of certain cities to 
  1.8             act as peace officers to suppress riotous or 
  1.9             disorderly conduct; amending Laws 1997, chapter 239, 
  1.10            article 1, section 9; proposing coding for new law in 
  1.11            Minnesota Statutes, chapter 626; repealing Minnesota 
  1.12            Statutes 2000, section 412.101. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [626.8432] [REVOCATION; SUSPENSION; DENIAL.] 
  1.15     Subdivision 1.  [GROUNDS FOR REVOCATION, SUSPENSION, OR 
  1.16  DENIAL.] (a) The board may refuse to issue, refuse to renew, 
  1.17  refuse to reinstate, suspend, revoke eligibility for licensure, 
  1.18  or revoke a peace officer or part-time peace officer license for 
  1.19  any of the following causes: 
  1.20     (1) fraud or misrepresentation in obtaining a license; 
  1.21     (2) failure to meet licensure requirements; or 
  1.22     (3) violation of standards of conduct set forth in 
  1.23  Minnesota Rules, chapter 6700. 
  1.24     (b) Unless otherwise provided by the board, a revocation or 
  1.25  suspension applies to each license, renewal, or reinstatement 
  1.26  privilege held by the individual at the time final action is 
  1.27  taken by the board.  A person whose license or renewal privilege 
  1.28  has been suspended or revoked shall be ineligible to be issued 
  1.29  any other license by the board during the pendency of the 
  2.1   suspension or revocation. 
  2.2      Subd. 2.  [DISCOVERY OF DISQUALIFYING CONVICTION AFTER 
  2.3   LICENSURE.] The board may suspend or revoke a peace officer or 
  2.4   part-time peace officer license when the licensee has been 
  2.5   convicted of a crime recognized by the board as a 
  2.6   disqualification from participation in a professional peace 
  2.7   officer education course, taking the peace officer licensing 
  2.8   examination or the part-time peace officer licensing 
  2.9   examination, or eligibility for licensure or licensure in 
  2.10  Minnesota Rules, chapter 6700.  The authority to suspend or 
  2.11  revoke a license shall include all individuals who have been 
  2.12  granted a license when a disqualifying conviction that would 
  2.13  have precluded eligibility for licensure is discovered after 
  2.14  licensure. 
  2.15     Sec. 2.  Laws 1997, chapter 239, article 1, section 9, is 
  2.16  amended to read: 
  2.17  Sec. 9.  BOARD OF PEACE OFFICER 
  2.18  STANDARDS AND TRAINING                 3,581,000      3,801,000
  2.19  This appropriation is from the peace 
  2.20  officers training account in the 
  2.21  special revenue fund.  Any receipts 
  2.22  credited to the peace officer training 
  2.23  account in the special revenue fund in 
  2.24  the first year in excess of $3,581,000 
  2.25  must be transferred and credited to the 
  2.26  general fund.  Any receipts credited to 
  2.27  the peace officer training account in 
  2.28  the special revenue fund in the second 
  2.29  year in excess of $3,801,000 must be 
  2.30  transferred and credited to the general 
  2.31  fund. 
  2.32  $30,000 the first year is from the 
  2.33  special revenue fund for DARE officer 
  2.34  training. 
  2.35  $312,000 the second year shall be 
  2.36  expended as follows:  (1) up to $30,000 
  2.37  for administrative law judge costs; (2) 
  2.38  up to $16,000 for minority recruitment; 
  2.39  (3) up to $10,000 for computer training 
  2.40  and support; (4) up to $30,000 for DARE 
  2.41  officer training; (5) $100,000 for a 
  2.42  law enforcement library at metropolitan 
  2.43  state university; (6) up to $25,000 for 
  2.44  hiring a consultant to develop a 
  2.45  screening examination for admission to 
  2.46  a law enforcement skills program.  If 
  2.47  there are sufficient funds remaining 
  2.48  after developing the screening 
  2.49  examination, the consultant may develop 
  2.50  a new reciprocity examination; and (7) 
  2.51  up to $101,000 for increased 
  2.52  reimbursements to local law enforcement 
  3.1   for the cost of administering 
  3.2   board-approved continuing education to 
  3.3   peace officers. 
  3.4   By July 1, 1998, and each July 1 
  3.5   thereafter, the board shall report to 
  3.6   the chairs of the senate and house 
  3.7   divisions having jurisdiction over 
  3.8   criminal justice funding on the 
  3.9   activities of the minority recruiter 
  3.10  and the outcomes attributable to that 
  3.11  position. 
  3.12  The commissioner of finance shall 
  3.13  ensure that the base budget for the 
  3.14  2000-2001 fiscal biennium for the POST 
  3.15  board includes the $850,000 each year 
  3.16  that was transferred in fiscal year 
  3.17  1997 from the POST board to the 
  3.18  Minnesota state colleges and 
  3.19  universities system. 
  3.20  The board shall provide education and 
  3.21  training to peace officers and other 
  3.22  criminal justice personnel on early 
  3.23  intervention and reduction of possible 
  3.24  HIV seroconversion for persons who have 
  3.25  experienced a significant exposure, as 
  3.26  defined in Minnesota Statutes, section 
  3.27  144.761.  The POST board shall work in 
  3.28  cooperation with the commissioners of 
  3.29  public safety and corrections in 
  3.30  providing this training.  A portion of 
  3.31  this appropriation shall be awarded as 
  3.32  grants to professional employers of 
  3.33  emergency medical services personnel as 
  3.34  defined in Minnesota Statutes, section 
  3.35  144.761, subdivision 5, clause (2), to 
  3.36  demonstrate effective education and 
  3.37  training services and procedures for 
  3.38  implementing the protocol described in 
  3.39  Minnesota Statutes, section 144.762. 
  3.40     Sec. 3.  [REPEALER.] 
  3.41     Minnesota Statutes 2000, section 412.101, is repealed.