HF 3376

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; creating the Minnesota 
  1.3             capitol police department and merging the capitol 
  1.4             complex security division into it; creating a capitol 
  1.5             complex security oversight committee; increasing the 
  1.6             complement of state troopers assigned to provide 
  1.7             security to the governor; appropriating money; 
  1.8             amending Minnesota Statutes 1999 Supplement, section 
  1.9             626.84, subdivision 1; proposing coding for new law as 
  1.10            Minnesota Statutes, chapter 299N; repealing Minnesota 
  1.11            Statutes 1998, sections 299E.01; 299E.02; and 626.88, 
  1.12            subdivision 3. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [299N.01] [DEFINITIONS.] 
  1.15     As used in this chapter, the following terms have the 
  1.16  meanings given: 
  1.17     (1) "commissioner" means the commissioner of public safety; 
  1.18  and 
  1.19     (2) "law enforcement agency" has the meaning given in 
  1.20  section 626.84, subdivision 1. 
  1.21     Sec. 2.  [299N.02] [CAPITOL POLICE DEPARTMENT.] 
  1.22     Subdivision 1.  [DESCRIPTION AND RESPONSIBILITIES.] The 
  1.23  capitol police department is a law enforcement agency organized 
  1.24  as a division in the department of public safety.  It is 
  1.25  responsible for providing law enforcement services in the 
  1.26  capitol complex and in other state-owned or leased buildings and 
  1.27  property as designated by the commissioner.  The department has 
  1.28  primary jurisdiction over offenses occurring in these 
  1.29  locations.  It is also responsible for providing necessary 
  2.1   security to the following:  legislators; constitutional 
  2.2   officers, except for the governor; members of the judiciary; 
  2.3   commissioners of state agencies; state employees; visiting 
  2.4   dignitaries; and members of the public.  In addition, the 
  2.5   department shall provide public information services in the 
  2.6   capitol complex. 
  2.7      Subd. 2.  [DIRECTOR.] The capitol police department is 
  2.8   under the supervision and control of a director appointed by the 
  2.9   commissioner.  The director is the agency's chief law 
  2.10  enforcement officer.  The director must be a peace officer, as 
  2.11  defined under section 626.84, subdivision 1, paragraph (c), and 
  2.12  licensed under sections 626.84 to 626.863, and possess the 
  2.13  necessary police and management experience to manage a law 
  2.14  enforcement agency.  The director serves at the commissioner's 
  2.15  pleasure in the unclassified service.  The director may appoint, 
  2.16  discipline, and discharge all of the department's personnel.  
  2.17  The director shall ensure that only individuals licensed as 
  2.18  peace officers, as defined under section 626.84, subdivision 1, 
  2.19  paragraph (c), are assigned to duties involving the providing of 
  2.20  law enforcement services and that only these officers wear 
  2.21  uniforms consistent with section 626.88, subdivision 2. 
  2.22     Subd. 3.  [STATEWIDE ARREST AUTHORITY.] Members of the 
  2.23  capitol police department who are licensed peace officers 
  2.24  possess statewide arrest authority. 
  2.25     Subd. 4.  [RESPONSIBILITIES OF CAPITOL SECURITY DIVISION 
  2.26  TRANSFERRED.] The responsibilities of the capitol complex 
  2.27  security division are transferred to the capitol police 
  2.28  department under section 15.039. 
  2.29     Subd. 5.  [LEGISLATURE'S AUTHORITY NOT SUPERSEDED.] This 
  2.30  section shall not be construed to supersede the power of the 
  2.31  legislature to appoint and assign personnel and equipment 
  2.32  necessary for the conduct of its business. 
  2.33     Subd. 6.  [COMPLIANCE WITH OTHER LAWS.] Except as provided 
  2.34  in this chapter: 
  2.35     (1) the capitol police department is subject to all laws 
  2.36  governing the operation and management of a law enforcement 
  3.1   agency; and 
  3.2      (2) members of the capitol police department who are 
  3.3   licensed peace officers are subject to all laws governing the 
  3.4   qualifications and conduct of peace officers. 
  3.5      Sec. 3.  [299N.03] [CAPITOL COMPLEX SECURITY OVERSIGHT 
  3.6   COMMITTEE.] 
  3.7      Subdivision 1.  [MEMBERSHIP.] (a) The capitol complex 
  3.8   oversight committee consists of the following individuals or 
  3.9   their designees: 
  3.10     (1) the senate majority leader; 
  3.11     (2) the speaker of the house of representatives; 
  3.12     (3) the chief justice of the supreme court; 
  3.13     (4) the chair of the senate committee or division having 
  3.14  jurisdiction over criminal justice funding; 
  3.15     (5) the chair of the house of representatives committee or 
  3.16  division having jurisdiction over criminal justice funding; 
  3.17     (6) the commissioner of public safety; 
  3.18     (7) the commissioner of administration; 
  3.19     (8) the senate sergeant at arms; 
  3.20     (9) the house of representatives' sergeant at arms; and 
  3.21     (10) the director of the capitol police department. 
  3.22     (b) The committee may elect a chair from among its 
  3.23  members.  The director of the capitol police department may not 
  3.24  vote on matters before the committee. 
  3.25     Subd. 2.  [DUTIES.] The oversight committee shall: 
  3.26     (1) develop both a short-term and a long-term plan relating 
  3.27  to the provision of security in the capitol complex and in other 
  3.28  state-owned or leased buildings and property, including 
  3.29  providing necessary security to the following:  legislators, 
  3.30  constitutional officers, members of the judiciary, commissioners 
  3.31  of state agencies, state employees, visiting dignitaries, and 
  3.32  members of the public; 
  3.33     (2) develop guidelines that may be used to evaluate the 
  3.34  methods by which this security is provided; 
  3.35     (3) evaluate the budget for providing this security and 
  3.36  make annual budgetary recommendations to the legislature; and 
  4.1      (4) provide oversight to the entity providing capitol area 
  4.2   security and annually report to the legislature on the entity's 
  4.3   effectiveness. 
  4.4   The plans described in clause (1) must consider potential 
  4.5   shifting needs for security and the impact of new security 
  4.6   technology. 
  4.7      Subd. 3.  [EXPIRATION AND COMPENSATION.] Notwithstanding 
  4.8   section 15.059, the oversight committee does not expire.  
  4.9   Committee members may not receive compensation for serving, but 
  4.10  may receive expense reimbursements as provided in section 15.059.
  4.11     Sec. 4.  [299N.04] [CONTRACT SERVICES; APPROPRIATION.] 
  4.12     Fees received for contracted security services provided by 
  4.13  the capitol police department are to be credited to a special 
  4.14  account in the treasury and are appropriated annually to the 
  4.15  commissioner to be used for the operation of the department. 
  4.16     Sec. 5.  Minnesota Statutes 1999 Supplement, section 
  4.17  626.84, subdivision 1, is amended to read: 
  4.18     Subdivision 1.  [DEFINITIONS.] For purposes of sections 
  4.19  626.84 to 626.863, the following terms have the meanings given 
  4.20  them: 
  4.21     (a) "Board" means the board of peace officer standards and 
  4.22  training. 
  4.23     (b) "Director" means the executive director of the board. 
  4.24     (c) "Peace officer" means: 
  4.25     (1) an employee or an elected or appointed official of a 
  4.26  political subdivision or law enforcement agency who is licensed 
  4.27  by the board, charged with the prevention and detection of crime 
  4.28  and the enforcement of the general criminal laws of the state 
  4.29  and who has the full power of arrest, and shall also include the 
  4.30  Minnesota state patrol, agents of the division of alcohol and 
  4.31  gambling enforcement, state conservation officers, capitol 
  4.32  police officers, and metropolitan transit police officers; and 
  4.33     (2) a peace officer who is employed by a law enforcement 
  4.34  agency of a federally recognized tribe, as defined in United 
  4.35  States Code, title 25, section 450b(e), and who is licensed by 
  4.36  the board. 
  5.1      (d) "Constable" has the meaning assigned to it in section 
  5.2   367.40. 
  5.3      (e) "Deputy constable" has the meaning assigned to it in 
  5.4   section 367.40. 
  5.5      (f) "Part-time peace officer" means an individual licensed 
  5.6   by the board whose services are utilized by law enforcement 
  5.7   agencies no more than an average of 20 hours per week, not 
  5.8   including time spent on call when no call to active duty is 
  5.9   received, calculated on an annual basis, who has either full 
  5.10  powers of arrest or authorization to carry a firearm while on 
  5.11  active duty.  The term shall apply even though the individual 
  5.12  receives no compensation for time spent on active duty, and 
  5.13  shall apply irrespective of the title conferred upon the 
  5.14  individual by any law enforcement agency.  The limitation on the 
  5.15  average number of hours in which the services of a part-time 
  5.16  peace officer may be utilized shall not apply to a part-time 
  5.17  peace officer who has formally notified the board pursuant to 
  5.18  rules adopted by the board of the part-time peace officer's 
  5.19  intention to pursue the specialized training for part-time peace 
  5.20  officers who desire to become peace officers pursuant to 
  5.21  sections 626.843, subdivision 1, clause (g), and 626.845, 
  5.22  subdivision 1, clause (g). 
  5.23     (g) "Reserve officer" means an individual whose services 
  5.24  are utilized by a law enforcement agency to provide 
  5.25  supplementary assistance at special events, traffic or crowd 
  5.26  control, and administrative or clerical assistance.  A reserve 
  5.27  officer's duties do not include enforcement of the general 
  5.28  criminal laws of the state, and the officer does not have full 
  5.29  powers of arrest or authorization to carry a firearm on duty. 
  5.30     (h) "Law enforcement agency" means: 
  5.31     (1) a unit of state or local government that is authorized 
  5.32  by law to grant full powers of arrest and to charge a person 
  5.33  with the duties of preventing and detecting crime and enforcing 
  5.34  the general criminal laws of the state; and 
  5.35     (2) subject to the limitations in section 626.93, a law 
  5.36  enforcement agency of a federally recognized tribe, as defined 
  6.1   in United States Code, title 25, section 450b(e). 
  6.2      (i) "Professional peace officer education" means a 
  6.3   post-secondary degree program, or a nondegree program for 
  6.4   persons who already have a college degree, that is offered by a 
  6.5   college or university in Minnesota, designed for persons seeking 
  6.6   licensure as a peace officer, and approved by the board. 
  6.7      Sec. 6.  [INCREASED SECURITY COMPLEMENT FOR GOVERNOR.] 
  6.8      The commissioner of public safety shall assign four 
  6.9   additional state troopers to provide security to the governor. 
  6.10     Sec. 7.  [APPROPRIATION.] 
  6.11     $....... is appropriated from the general fund to the 
  6.12  commissioner of public safety for the fiscal year ending June 
  6.13  30, 2001.  Of this amount: 
  6.14     (1) $....... is for costs associated with the organization 
  6.15  of the capitol police department, including the salaries and 
  6.16  benefits for its director and three full-time licensed peace 
  6.17  officers, and training for its employees; and 
  6.18     (2) $....... is for the salaries and benefits for the four 
  6.19  state troopers described in section 6. 
  6.20     Sec. 8.  [REPEALER.] 
  6.21     Minnesota Statutes 1998, sections 299E.01; 299E.02; and 
  6.22  626.88, subdivision 3, are repealed. 
  6.23     Sec. 9.  [EFFECTIVE DATE.] 
  6.24     Sections 1 to 8 are effective July 1, 2000.