HF 1718

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/02/2024 12:28pm

A bill for an act
relating to public safety; providing for appointment, licensing, and compensation
of railroad peace officers; addressing civil liability issues; requiring rulemaking;
amending Minnesota Statutes 2022, sections 626.05, subdivision 2; 626.84,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 219.

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

Section 1.

new text begin [219.995] RAILROAD PEACE OFFICERS.
new text end

new text begin Subdivision 1. new text end

new text begin Chief law enforcement officer. new text end

new text begin A railroad that intends to employ railroad
peace officers as defined in section 626.84, subdivision 1, paragraph (h), shall appoint a
chief law enforcement officer to oversee and take responsibility for all railroad peace officers
employed by the railroad. The chief law enforcement officer of a railroad company must
be a Minnesota-licensed peace officer. Before appointing a railroad chief law enforcement
officer, the railroad must submit a request for license for a license-eligible applicant, or a
notice of appointment for an officer already licensed in Minnesota, to the Board of Peace
Officer Standards and Training attesting that the appointee has met all education, training,
and minimum selection standards in Minnesota Rules, chapter 6700. The appointee may
not exercise peace officer powers until the request for license or notification form is received
and approved by the board.
new text end

new text begin Subd. 2. new text end

new text begin Railroad; employment of peace officers. new text end

new text begin After appointing a railroad chief
law enforcement officer, a railroad may employ railroad peace officers to aid and supplement
law enforcement agencies in the protection of property owned by or in the care, custody,
or control of a railroad and to protect the persons and property of railroad passengers and
employees.
new text end

new text begin Subd. 3. new text end

new text begin Responsibilities of railroad company. new text end

new text begin A railroad company that employs
railroad peace officers must cooperate with the Board of Peace Officer Standards and
Training with respect to the board's authority to oversee peace officer licensing. Upon
request by the board, a railroad company that employs railroad peace officers must share
or produce any public, private, or confidential data that the board has the authority to request
from other state and local law enforcement agencies. Failure by the railroad company to
comply with the board's exercise of its regulatory and oversight authority may result in
implementation of sanctions as described in subdivision 7.
new text end

new text begin Subd. 4. new text end

new text begin Duties of railroad chief law enforcement officer. new text end

new text begin A railroad chief law
enforcement officer has the same duties and responsibilities as the chief law enforcement
officer of any state or local law enforcement agency including, but not limited to, appointing
and supervising peace officers, ensuring ongoing continuing education of peace officers,
maintaining agency and peace officer records, reporting misconduct and policy compliance,
and any other duty or responsibility described in chapter 626 or Minnesota Rules, chapter
6700.
new text end

new text begin Subd. 5. new text end

new text begin Authority; limitation. new text end

new text begin (a) Except as otherwise provided by this section, a
railroad peace officer has all powers and privileges of a licensed peace officer in this state
in connection with the prevention, investigation, arrest, or prosecution of an offense occurring
on railroad property and involving injury to passengers or employees of a railroad or
involving an offense against property owned by or in the care, custody, or control of a
railroad. A railroad peace officer's law enforcement powers shall apply only on railroad
property, except that an officer may exercise the authority given to peace officers under
section 629.40, subdivisions 2 and 4. If a search warrant is obtained by a railroad peace
officer, the officer shall notify the chief of police of an organized full-time police department
of the municipality or, if there is no local chief of police, the sheriff or a deputy sheriff of
the county in which service of the warrant is to be made, prior to execution.
new text end

new text begin (b) A railroad must not direct, require, or allow a railroad peace officer to enforce a
railroad's rules, policies, or procedures that are unrelated to the commission of a criminal
offense, or investigate any matter involving civil litigation by or against a railroad. A railroad
company that employs railroad peace officers must adopt or update any applicable policy
to be consistent with this paragraph and must provide a copy of the policy to the
representatives of any labor organization that represents employees of the railroad, including
but not limited to any labor organization subject to the Federal Railway Labor Act.
Notwithstanding any law to the contrary, a railroad peace officer who makes a representation
of being a peace officer and performs or attempts to perform any of those acts is subject to
discipline as if the peace officer violated the standards of conduct set forth in Minnesota
Rules, chapter 6700.
new text end

new text begin Subd. 6. new text end

new text begin Licensing. new text end

new text begin The Board of Peace Officer Standards and Training shall license
railroad peace officers appointed by the railroad's chief law enforcement officer under
subdivision 1 who meet the board's standards for peace officer licensure under chapter 626
and Minnesota Rules, chapter 6700. Except as otherwise provided in this section, railroad
peace officers are subject to all of the provisions applicable to peace officers under chapter
626 and Minnesota Rules, chapter 6700.
new text end

new text begin Subd. 7. new text end

new text begin Immediate suspension of authority. new text end

new text begin At the sole discretion of the Board of
Peace Officer Standards and Training, the board may immediately suspend or revoke the
license of the chief law enforcement officer of a railroad company for any reason within
the board's jurisdiction. If the board suspends or revokes the license of the chief law
enforcement officer, the railroad's law enforcement agency shall be deemed disbanded and
the licenses of all peace officers on the railroad agency roster will be placed in inactive
status. The requirement to place a peace officer's license in inactive status does not apply
to a railroad peace officer who also works as a licensed peace officer for a different law
enforcement agency in Minnesota, but such an officer must no longer be designated a railroad
peace officer. Except as noted in this section, the licenses of railroad peace officers are
subject to the requirements, restrictions, and disciplinary procedures that apply to any other
licensed peace officer.
new text end

new text begin Subd. 8. new text end

new text begin Compensation; benefits; fees. new text end

new text begin (a) A railroad peace officer shall be compensated
by the railroad by which the officer is employed.
new text end

new text begin (b) A railroad peace officer is not entitled to receive any compensation, benefits, or other
remuneration provided or required to be provided to other licensed peace officers by this
state or any political subdivision or agency of this state.
new text end

new text begin (c) A railroad peace officer may attend any training course offered to peace officers of
this state, provided that railroad peace officers pay reasonable tuition and costs.
new text end

new text begin Subd. 9. new text end

new text begin Railroad liability. new text end

new text begin A railroad company employing a railroad peace officer in
this state is liable for all acts, errors, and omissions of a railroad peace officer occurring in
the course and scope of the peace officer's employment by the railroad and shall indemnify
its peace officers for civil damages, penalties, or fines claimed or levied against the officer
according to section 181.970. Neither this state nor any political subdivision or agency of
the state is liable for any act, error, or omission of a railroad peace officer.
new text end

new text begin Subd. 10. new text end

new text begin Construction. new text end

new text begin Nothing in this section shall be construed to limit or in any
way restrict the rights, powers, or privileges granted to a peace officer in this state who is
not a railroad peace officer.
new text end

Sec. 2.

Minnesota Statutes 2022, section 626.05, subdivision 2, is amended to read:

Subd. 2.

Peace officer.

The term "peace officer," as used in sections 626.04 to 626.17,
means a person who is licensed as a peace officer in accordance with section 626.84,
subdivision 1, and who serves as a sheriff, deputy sheriff, police officer, conservation officer,
agent of the Bureau of Criminal Apprehension, agent of the Division of Alcohol and
Gambling Enforcement, peace officer of the Commerce Fraud Bureau, University of
Minnesota peace officer, Metropolitan Transit police officer, Minnesota Department of
Corrections Fugitive Apprehension Unit member, deleted text begin or deleted text end State Patrol trooper as authorized by
section 299D.03 new text begin , or railroad peace officer as authorized by section 219.995 and United
States Code, title 49, section 28101 new text end .

Sec. 3.

Minnesota Statutes 2022, section 626.84, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of sections 626.84 to 626.863, the following
terms have the meanings given them:

(a) "Board" means the Board of Peace Officer Standards and Training.

(b) "Director" means the executive director of the board.

(c) "Peace officer" means:

(1) an employee or an elected or appointed official of a political subdivision or law
enforcement agency who is licensed by the board, charged with the prevention and detection
of crime and the enforcement of the general criminal laws of the state and who has the full
power of arrest, and shall also include the Minnesota State Patrol, agents of the Division of
Alcohol and Gambling Enforcement, state conservation officers, Metropolitan Transit police
officers, Department of Corrections Fugitive Apprehension Unit officers, deleted text begin and deleted text end Department
of Commerce Fraud Bureau Unit officers, deleted text begin and deleted text end the statewide coordinator of the Violent
Crime Coordinating Council new text begin , and railroad peace officers as authorized by section 219.995
and United States Code, title 49, section 28101 new text end ; and

(2) a peace officer who is employed by a law enforcement agency of a federally
recognized tribe, as defined in United States Code, title 25, section 450b(e), and who is
licensed by the board.

(d) "Part-time peace officer" means an individual licensed by the board whose services
are utilized by law enforcement agencies no more than an average of 20 hours per week,
not including time spent on call when no call to active duty is received, calculated on an
annual basis, who has either full powers of arrest or authorization to carry a firearm while
on active duty. The term shall apply even though the individual receives no compensation
for time spent on active duty, and shall apply irrespective of the title conferred upon the
individual by any law enforcement agency.

(e) "Reserve officer" means an individual whose services are utilized by a law
enforcement agency to provide supplementary assistance at special events, traffic or crowd
control, and administrative or clerical assistance, and shall include reserve deputies, special
deputies, mounted or unmounted patrols, and all other employees or volunteers performing
reserve officer functions. A reserve officer's duties do not include enforcement of the general
criminal laws of the state, and the officer does not have full powers of arrest or authorization
to carry a firearm on duty.

(f) "Law enforcement agency" means:

(1) a unit of state or local government that is authorized by law to grant full powers of
arrest and to charge a person with the duties of preventing and detecting crime and enforcing
the general criminal laws of the state; deleted text begin and
deleted text end

(2) subject to the limitations in section 626.93, a law enforcement agency of a federally
recognized tribe, as defined in United States Code, title 25, section 450b(e) new text begin ; and
new text end

new text begin (3) subject to the limitation of section 219.995, a railroad company new text end .

(g) "Professional peace officer education" means a postsecondary degree program, or a
nondegree program for persons who already have a college degree, that is offered by a
college or university in Minnesota, designed for persons seeking licensure as a peace officer,
and approved by the board.

new text begin (h) "Railroad peace officer" means an individual as authorized under United States Code,
title 49, section 28101:
new text end

new text begin (1) employed by a railroad for the purpose of aiding and supplementing law enforcement
agencies in the protection of property owned by or in the care, custody, or control of a
railroad and to protect the persons and property of railroad passengers and employees; and
new text end

new text begin (2) licensed by the board.
new text end