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HF 1859

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:55am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to state government; merging Board of Private Detective and Protective
Agent Services and the Board of Peace Officer Standards and Training; amending
Minnesota Statutes 2008, sections 214.01, subdivision 3; 214.04, subdivision
1; 326.32, subdivisions 2, 3; 326.3361, subdivision 4; 626.842, subdivision 2;
626.843, subdivision 1; 626.845; repealing Minnesota Statutes 2008, sections
326.32, subdivision 11; 326.33, subdivisions 1, 2, 6; 326.3311; 326.3321;
326.3331.

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

Section 1.

Minnesota Statutes 2008, section 214.01, subdivision 3, is amended to read:


Subd. 3.

Non-health-related licensing board.

"Non-health-related licensing board"
means the Board of Teaching established pursuant to section 122A.07, the Board of Barber
Examiners established pursuant to section 154.001, the Board of Assessors established
pursuant to section 270.41, the Board of Architecture, Engineering, Land Surveying,
Landscape Architecture, Geoscience, and Interior Design established pursuant to section
326.04, deleted text begin the Private Detective and Protective Agent Licensing Board established pursuant
to section 326.33,
deleted text end the Board of Accountancy established pursuant to section 326A.02, and
the Peace Officer Standards and Training Board established pursuant to section 626.841.

Sec. 2.

Minnesota Statutes 2008, section 214.04, subdivision 1, is amended to read:


Subdivision 1.

Services provided.

(a) The commissioner of education with respect
to the Board of Teaching; deleted text begin the commissioner of public safety with respect to the Board of
Private Detective and Protective Agent Services;
deleted text end the panel established pursuant to section
299A.465, subdivision 7; the Board of Peace Officer Standards and Training; and the
commissioner of revenue with respect to the Board of Assessors, shall provide suitable
offices and other space, joint conference and hearing facilities, examination rooms, and
the following administrative support services: purchasing service, accounting service,
advisory personnel services, consulting services relating to evaluation procedures and
techniques, data processing, duplicating, mailing services, automated printing of license
renewals, and such other similar services of a housekeeping nature as are generally
available to other agencies of state government. Investigative services shall be provided
the boards by employees of the Office of Attorney General. The commissioner of health
with respect to the health-related licensing boards shall provide mailing and office supply
services and may provide other facilities and services listed in this subdivision at a
central location upon request of the health-related licensing boards. The commissioner of
commerce with respect to the remaining non-health-related licensing boards shall provide
the above facilities and services at a central location for the remaining non-health-related
licensing boards. The legal and investigative services for the boards shall be provided
by employees of the attorney general assigned to the departments servicing the boards.
Notwithstanding the foregoing, the attorney general shall not be precluded by this section
from assigning other attorneys to service a board if necessary in order to insure competent
and consistent legal representation. Persons providing legal and investigative services
shall to the extent practicable provide the services on a regular basis to the same board
or boards.

(b) The requirements in paragraph (a) with respect to the panel established in section
299A.465, subdivision 7, expire July 1, 2008.

Sec. 3.

Minnesota Statutes 2008, section 326.32, subdivision 2, is amended to read:


Subd. 2.

Board.

"Board" means the Board of deleted text begin Private Detective and Protective
Agent Services
deleted text end new text begin Peace Officer Standards and Trainingnew text end .

Sec. 4.

Minnesota Statutes 2008, section 326.32, subdivision 3, is amended to read:


Subd. 3.

Board member.

"Board member" means any person appointed as a
member of the Board of deleted text begin Private Detective and Protective Agent Servicesdeleted text end new text begin Peace Officer
Standards and Training
new text end .

Sec. 5.

Minnesota Statutes 2008, section 326.3361, subdivision 4, is amended to read:


Subd. 4.

Full-time peace officers.

A person licensed as a peace officer by the board
deleted text begin of Peace Officer Standards and Trainingdeleted text end meets the training requirements of this section.

Sec. 6.

Minnesota Statutes 2008, section 626.842, subdivision 2, is amended to read:


Subd. 2.

Terms, compensation, removal, filling of vacancies.

The membership
terms, compensation, removal of members and the filling of vacancies for members
appointed pursuant to section 626.841, clauses (1), (2), (4), and (5) on the board; the
provision of staffdeleted text begin ,deleted text end new text begin ;new text end administrative services and office space; the review and processing of
complaints; the setting of feesnew text begin , unless otherwise provided in sections 326.32 to 326.339new text end ;
and other matters relating to board operations shall be as provided in chapter 214.

Sec. 7.

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 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 courses;

(2) minimum courses of study, attendance requirements, and equipment and facilities
to be required at each certified peace officers training school located within the state;

(3) minimum qualifications for instructors at certified peace officer training schools
located within this state;

(4) minimum standards of physical, mental, and educational fitness which shall
govern the recruitment and 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) 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;

(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;

(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;

(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 course shall be deemed satisfaction of the minimum basic training requirement;

(9) grading, reporting, attendance and other records, and certificates of attendance
or accomplishment;

(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);

(11) the establishment and use by any political subdivision or state law enforcement
agency which 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;

(12) 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;

(13) 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;

(14) citizenship requirements for full-time and part-time peace officers;

(15) driver's license requirements for full-time and part-time peace officers; deleted text begin and
deleted text end

(16) 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 626.863deleted text begin .deleted text end new text begin ; and
new text end

new text begin (17) the selection, training, conduct, discipline, and licensing of private detectives
and protective agents, and any other matters necessary to carry out duties imposed by
sections 326.32 to 326.339.
new text end

Sec. 8.

Minnesota Statutes 2008, section 626.845, is amended to read:


626.845 POWERS AND DUTIES.

Subdivision 1.

Powers and duties.

The board shall have the following powers
and duties:

(1) to certify 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 program;

(2) to issue certificates to schools, and to revoke such certification when necessary to
maintain the objectives and purposes of sections 626.841 to 626.863;

(3) to certify, as qualified, instructors at peace officer training schools, and to issue
appropriate certificates to such instructors;

(4) to license peace officers who have satisfactorily completed certified basic training
programs, and passed examinations as required by the board;

(5) to cause studies and surveys to be made relating to the establishment, operation,
and approval of state, county, and municipal peace officer training schools;

(6) to consult and cooperate with state, county, and municipal peace officer training
schools for the development of in-service training programs for peace officers;

(7) to consult and cooperate with universities, colleges, and technical colleges for the
development of specialized courses of instruction and study in the state for peace officers
and part-time peace officers in police science and police administration;

(8) to consult and cooperate with other departments and agencies of the state and
federal government concerned with peace officer standards and training;

(9) to perform such other acts as may be necessary and appropriate to carry out the
powers and duties as set forth in the provisions of sections 626.841 to 626.863;

(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;

(11) 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;

(12) to prepare and transmit annually to the governor a report of its activities with
respect to allocation of moneys appropriated to it for peace officers training, including
the name and address of each recipient of money for that purpose, the amount awarded,
and the purpose of the award; deleted text begin and
deleted text end

(13) to assist and cooperate with any political subdivision or state law enforcement
agency which employs persons licensed by the board to establish written procedures for
the investigation and resolution of allegations of misconduct of persons licensed by the
board, and to enforce licensing sanctions for failure to implement such proceduresdeleted text begin .deleted text end new text begin ;
new text end

new text begin (14) to receive, review, and approve applications for private detectives and protective
agent licenses and issue or reissue licenses as provided in sections 326.32 to 326.339;
new text end

new text begin (15) to deny applications for private detective and protective agent licenses if the
applicants do not meet the requirements of sections 326.32 to 326.339. Upon denial of
a license application, the board shall notify the applicant of the denial and the facts and
circumstances that constitute the denial. The board shall advise the applicant of the right
to a contested case hearing under chapter 14;
new text end

new text begin (16) to enforce all laws and rules governing private detectives and protective agents;
and
new text end

new text begin (17) to suspend or revoke the license of a private detective or protective agent or
impose a civil penalty on a licensed private detective or protective agent for violations of
any provision of sections 326.32 to 326.339.
new 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).

Sec. 9. new text begin TRANSFER OF BOARD OF PRIVATE DETECTIVE AND
PROTECTIVE AGENT SERVICES TO THE BOARD OF PEACE OFFICER
STANDARDS AND TRAINING.
new text end

new text begin Subdivision 1. new text end

new text begin Transfer of duties. new text end

new text begin (a) In order to improve the efficiency of state
government, the functions, powers, duties, and responsibilities of the Board of Private
Detective and Protective Agent Services are transferred to the director of the Board of
Peace Officer Standards and Training.
new text end

new text begin (b) Rulemaking authority of the Board of Private Detective and Protective Agent
Services is transferred to the Board of Peace Officer Standards and Training. All rules
adopted by the Board of Private Detective and Protective Agent Services remain in effect
and shall be enforced until amended or repealed in accordance with law by the Board
of Peace Officer Standards and Training.
new text end

new text begin (c) The Board of Peace Officer Standards and Training is the legal successor in all
respects of the Board of Private Detective and Protective Agent Services. Any bonds,
resolutions, contracts, and liabilities of the Board of Private Detective and Protective
Agent Services become the bonds, resolutions, contracts, and liabilities of the Board of
Peace Officer Standards and Training. Any proceedings, court actions, prosecution, or
other business or matter pending on the effective date of the transfer may be conducted
and completed by the Board of Peace Officer Standards and Training in the same manner,
under the same terms and conditions, and with the same effect, as though they involved
or were commenced and conducted or completed prior to the transfer from the Board of
Private Detective and Protective Agent Services.
new text end

new text begin Subd. 2. new text end

new text begin Transfer of Board of Private Detective and Protective Agent Services
to the Board of Peace Officer Standards and Training.
new text end

new text begin Effective September 1, 2009,
the duties and responsibilities of the Board of Private Detective and Protective Agent
Services covered in Minnesota Statutes, sections 326.32 to 326.339, are transferred to the
director of the Board of Peace Officer Standards and Training.
new text end

new text begin Subd. 3. new text end

new text begin Transfer of staff. new text end

new text begin (a) A person who holds the position of executive
director of the Board of Private Detective and Protective Agent Services is transferred
to the Board of Peace Officer Standards and Training under Minnesota Statutes, section
15.039, except that the Board of Peace Officer Standards and Training may rename the
transferred person's position at its discretion. Notwithstanding Minnesota Statutes, section
626.843, subdivision 2, the person shall be employed by the Board of Peace Officer
Standards and Training in the unclassified service. The Board of Peace Officer Training
and Standards shall prescribe the person's duties pursuant to Minnesota Statutes, section
626.843, subdivision 2.
new text end

new text begin (b) The person described in paragraph (a) shall not suffer job loss, have a salary
reduced, or have employment benefits reduced as a result of reorganization mandated by
this section. No employment action taken by the Board of Peace Officer Standards and
Training after September 1, 2010, including but not limited to reclassification of the
person described in paragraph (a) in the classified service, shall be considered a result of
the reorganization for the purposes of this section.
new text end

new text begin Subd. 4. new text end

new text begin Report to legislature. new text end

new text begin By January 15, 2010, the Board of Peace Officer
Standards and Training shall provide a report to the appropriate chairs of the committees
of the legislature that have jurisdiction over public safety that shall address the following:
new text end

new text begin (1) identify any private detective and protective agent services duties, functions, and
responsibilities that are obsolete and should be abolished; and
new text end

new text begin (2) describe how the board shall operationally address the separation of its private
detective and protective agent services regulatory role from its peace officer regulatory
role.
new text end

new text begin Subd. 5. new text end

new text begin Remaining balance. new text end

new text begin Any balance remaining as of September 1, 2009,
from any account of the Board of Private Detective and Protective Agent Services in the
state treasury shall be transferred to the Board of Peace Officer Standards and Training
accounts.
new text end

Sec. 10. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall renumber each section of Minnesota Statutes listed
in column A with the number listed in column B. The revisor shall also make necessary
cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the
numbering.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin 326.32
new text end
new text begin 626.8951
new text end
new text begin 326.3341
new text end
new text begin 626.8952
new text end
new text begin 326.336
new text end
new text begin 626.8953
new text end
new text begin 326.3361
new text end
new text begin 626.8954
new text end
new text begin 326.338
new text end
new text begin 626.8955
new text end
new text begin 326.3381
new text end
new text begin 626.8956
new text end
new text begin 326.3382
new text end
new text begin 626.8957
new text end
new text begin 326.3383
new text end
new text begin 626.8958
new text end
new text begin 326.3384
new text end
new text begin 626.8959
new text end
new text begin 326.3385
new text end
new text begin 626.8960
new text end
new text begin 326.3386
new text end
new text begin 626.8961
new text end
new text begin 326.3387
new text end
new text begin 626.8962
new text end
new text begin 326.3388
new text end
new text begin 626.8963
new text end
new text begin 326.3389
new text end
new text begin 626.8964
new text end
new text begin 326.339
new text end
new text begin 626.8965
new text end

new text begin (b) The revisor of statutes shall delete "Board of Private Detective and Protective
Agent Services" and substitute "board" or "Board of Peace Officer Standards and
Training," as appropriate, in Minnesota Rules, chapter 7506. The revisor shall renumber
Minnesota Rules, chapter 7506, as chapter 6705, and shall correct references to the
renumbered parts and chapter.
new text end

new text begin (c) The revisor of statutes shall correct the statutory reference of "sections 626.84
to 626.863" wherever it appears in Minnesota Statutes, sections 626.84, subdivision 1;
626.843; and 626.845, subdivision 1, clause (9), so that the reference also includes the
renumbered sections from paragraph (a).
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 326.32, subdivision 11; 326.33, subdivisions 1, 2,
and 6; 326.3311; 326.3321; and 326.3331,
new text end new text begin are repealed.
new text end

Sec. 12. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 11 are effective September 1, 2009.
new text end