Minnesota Legislature
HF 140
as introduced - 93rd Legislature (2023 - 2024) Posted on 01/26/2023 11:46pm
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A bill for an act
relating to public safety; expanding eligibility for soft body armor reimbursement
grants; amending Minnesota Statutes 2022, section 299A.38.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 299A.38, is amended to read:
299A.38 SOFT BODY ARMOR REIMBURSEMENT.
Subdivision 1.
Definitions.
As used in this section:
(a) "Commissioner" means the commissioner of public safety.
new text begin
(b) "Firefighter" means a volunteer, paid on-call, part-time, or career firefighter serving
a general population within the boundaries of the state.
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deleted text begin (b)deleted text end new text begin (c)new text end "Peace officer" means a person who is licensed under section 626.84, subdivision
1, paragraph (c).
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(d) "Public safety officer" means a peace officer, firefighter, or qualified emergency
medical service provider.
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(e) "Qualified emergency medical service provider" means a person certified under
section 144E.101 who is actively employed by a Minnesota licensed ambulance service.
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deleted text begin (c)deleted text end new text begin (f)new text end "Vest" means bullet-resistant soft body armor that is flexible, concealable, and
custom fitted to the deleted text begin peacedeleted text end new text begin public safetynew text end officer to provide ballistic and trauma protection.
Subd. 2.
State and local reimbursement.
deleted text begin Peacedeleted text end new text begin Public safetynew text end officers and heads of
deleted text begin local law enforcementdeleted text end agencies new text begin and entities new text end who buy vests for the use of deleted text begin peacedeleted text end new text begin public safetynew text end
officer employees may apply to the commissioner for reimbursement of funds spent to buy
vests. On approving an application for reimbursement, the commissioner shall pay the
applicant an amount equal to the lesser of one-half of the vest's purchase price or $600, as
adjusted according to subdivision 2a. The deleted text begin political subdivisiondeleted text end new text begin agency or entitynew text end that employs
the deleted text begin peacedeleted text end new text begin public safetynew text end officer shall pay at least the lesser of one-half of the vest's purchase
price or $600, as adjusted according to subdivision 2a. The deleted text begin political subdivisiondeleted text end new text begin employernew text end
may not deduct or pay its share of the vest's cost from any clothing, maintenance, or similar
allowance otherwise provided to the deleted text begin peacedeleted text end new text begin public safetynew text end officer by the deleted text begin law enforcement
agencydeleted text end new text begin employernew text end .
Subd. 2a.
Adjustment of reimbursement amount.
On October 1, 2006, the
commissioner of public safety shall adjust the $600 reimbursement amounts specified in
subdivision 2, and in each subsequent year, on October 1, the commissioner shall adjust the
reimbursement amount applicable immediately preceding that October 1 date. The adjusted
rate must reflect the annual percentage change in the Consumer Price Index for all urban
consumers, published by the federal Bureau of Labor Statistics, occurring in the one-year
period ending on the preceding June 1.
Subd. 3.
Eligibility requirements.
(a) Only vests that either meet or exceed the
requirements of standard 0101.03 of the National Institute of Justice or that meet or exceed
the requirements of that standard, except wet armor conditioning, are eligible for
reimbursement.
(b) Eligibility for reimbursement is limited to vests bought after December 31, 1986, by
or for deleted text begin peacedeleted text end new text begin public safetynew text end officers (1) who did not own a vest meeting the requirements of
paragraph (a) before the purchase, or (2) who owned a vest that was at least five years old.
(c) The requirement set forth in paragraph (b), clauses (1) and (2), shall not apply to any
deleted text begin peacedeleted text end new text begin public safetynew text end officer who purchases a vest constructed from a zylon-based material,
provided that the deleted text begin peacedeleted text end new text begin public safetynew text end officer provides proof of purchase or possession of
the vest prior to July 1, 2005.
Subd. 4.
Rules.
The commissioner may adopt rules under chapter 14 to administer this
section.
Subd. 5.
Limitation of liability.
A state agency, political subdivision of the state, deleted text begin ordeleted text end
state or local government employeenew text begin , or other entitynew text end that provides reimbursement for purchase
of a vest under this section is not liable to a deleted text begin peacedeleted text end new text begin public safetynew text end officer or the deleted text begin peacedeleted text end new text begin public
safetynew text end officer's heirs for negligence in the death of or injury to the deleted text begin peacedeleted text end new text begin public safetynew text end officer
because the vest was defective or deficient.
Subd. 6.
Right to benefits unaffected.
A deleted text begin peacedeleted text end new text begin public safetynew text end officer who is reimbursed
for the purchase of a vest under this section and who suffers injury or death because the
officer failed to wear the vest, or because the officer wore a vest that was defective or
deficient, may not lose or be denied a benefit or right, including a benefit under section
299A.44, to which the officer, or the officer's heirs, is otherwise entitled.
Sec. 2. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall make necessary changes to statutory cross-references to
reflect the changes made in section 1, subdivision 1.
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