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HF 1607

4th Engrossment - 87th Legislature (2011 - 2012) Posted on 05/23/2012 11:49am

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

Current Version - 4th Engrossment

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A bill for an act
relating to the State Capitol; authorizing the State Patrol to provide security
and protection to certain government officials; establishing a committee on
capitol complex security; amending Minnesota Statutes 2010, section 299D.03,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 299E.

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

Section 1.

Minnesota Statutes 2010, section 299D.03, subdivision 1, is amended to
read:


Subdivision 1.

Members, powers, and duties.

(a) The commissioner is hereby
authorized to employ and designate a chief supervisor, a chief assistant supervisor, and
such assistant supervisors, sergeants and officers as are provided by law, who shall
comprise the Minnesota State Patrol.

(b) The members of the Minnesota State Patrol shall have the power and authority:

(1) as peace officers to enforce the provisions of the law relating to the protection of
and use of trunk highways;

(2) at all times to direct all traffic on trunk highways in conformance with law, and in
the event of a fire or other emergency, or to expedite traffic or to insure safety, to direct
traffic on other roads as conditions may require notwithstanding the provisions of law;

(3) to serve search warrants related to criminal motor vehicle and traffic violations
and arrest warrants, and legal documents anywhere in the state;

(4) to serve orders of the commissioner of public safety or the commissioner's duly
authorized agents issued under the provisions of the Driver's License Law, the Safety
Responsibility Act, or relating to authorized brake- and light-testing stations, anywhere
in the state and to take possession of any license, permit, or certificate ordered to be
surrendered;

(5) to inspect official brake and light adjusting stations;

(6) to make appearances anywhere within the state for the purpose of conducting
traffic safety educational programs and school bus clinics;

(7) to exercise upon all trunk highways the same powers with respect to the
enforcement of laws relating to crimes, as sheriffs and police officers;

(8) to cooperate, under instructions and rules of the commissioner of public
safety, with all sheriffs and other police officers anywhere in the state, provided that
said employees shall have no power or authority in connection with strikes or industrial
disputes;

(9) to assist and aid any peace officer whose life or safety is in jeopardy;

(10) as peace officers to provide security and protection to the governor, governor
elect, either or both houses of the legislature, and state buildings or property in the manner
and to the extent determined to be necessary after consultation with the governor, or a
designee. Pursuant to this clause, members of the State Patrol, acting as peace officers
have the same powers with respect to the enforcement of laws relating to crimes, as
sheriffs and police officers have within their respective jurisdictions;

(11) to inspect school buses anywhere in the state for the purposes of determining
compliance with vehicle equipment, pollution control, and registration requirements;

(12) as peace officers to make arrests for public offenses committed in their presence
anywhere within the state. Persons arrested for violations other than traffic violations
shall be referred forthwith to the appropriate local law enforcement agency for further
investigation or disposition; and

(13) to enforce the North American uniform out-of-service criteria and issue
out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5.

(c) new text beginAfter consultation with the governor or a designee, the commissioner may require
the State Patrol to provide security and protection to Supreme Court justices, legislators,
and constitutional officers other than the governor, for a limited period and within the
limits of existing resources, in response to a credible threat on the individual's life or safety.
new text end

new text begin (d) new text endThe state may contract for State Patrol members to render the services described
in this section in excess of their regularly scheduled duty hours and patrol members
rendering such services shall be compensated in such amounts, manner and under such
conditions as the agreement provides.

deleted text begin (d)deleted text endnew text begin (e)new text end Employees thus employed and designated shall subscribe an oath.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [299E.04] ADVISORY COMMITTEE ON CAPITOL AREA SECURITY.
new text end

new text begin Subdivision 1. new text end

new text begin Membership and terms. new text end

new text begin The advisory committee on Capitol Area
Security shall consist of six members, appointed as follows:
new text end

new text begin (1) the lieutenant governor;
new text end

new text begin (2) two senators, including one member from the majority party, appointed by the
senate majority leader, and one member from the minority party, appointed by the senate
minority leader;
new text end

new text begin (3) two members of the house of representatives, including one member appointed
by the speaker of the house and one member appointed by the minority leader; and
new text end

new text begin (4) the chief justice of the Minnesota Supreme Court or the designee of the chief
justice.
new text end

new text begin A member may be removed by the appointing authority at any time at the pleasure
of the appointing authority.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) The advisory committee shall meet at least quarterly to assess
current safety and security risks in the Capitol Area, as defined by section 15B.02, and
discuss developments that might affect those risks in the future. The committee shall
provide advice and recommendations to the governor and legislature regarding security
priorities, strategies for addressing these priorities, and recommendations for funding to
implement the strategies. In performing its duties under this section, the committee shall
consult with the commissioners of administration and public safety, the Capitol Area
Architectural and Planning Board, the director of the Minnesota Historical Society, and
the sergeants-at-arms of the senate and house of representatives.
new text end

new text begin (b) The committee shall report to the governor, the chairs and ranking minority
members of the legislative committees with jurisdiction over the Capitol Area
Architectural and Planning Board and the Department of Public Safety, and chief
justice of the Supreme Court by January 15 of each year. This report shall provide a
general assessment of the status of security in the Capitol Area, describe improvements
implemented, and recommend future improvements. As appropriate, the committee shall
offer recommendations for capital or operating expenditures, statutory changes, or other
changes in security-related policies or practices. The report shall include draft legislation
to implement any recommended changes in law. Spending recommendations shall be
made in a timely manner to ensure that they can be considered as part of the state's capital
and operating budget processes.
new text end

new text begin Subd. 3. new text end

new text begin Administrative provisions. new text end

new text begin (a) The lieutenant governor shall serve as the
chair of the committee. The committee may elect a vice-chair to convene and conduct
meetings when the lieutenant governor is not available.
new text end

new text begin (b) Meetings of the committee shall be subject to chapter 13D.
new text end

new text begin (c) Administrative support for the committee shall be provided by the commissioners
of administration and public safety and the sergeants-at-arms of the senate and house
of representatives.
new text end

new text begin (d) The committee shall seek advice from at least one person with experience
designating and implementing security for a public college or university campus, at least
one person with experience designating and implementing security for courts, and at
least one person with experience designating and implementing security for a private
Minnesota company.
new text end

new text begin Subd. 4. new text end

new text begin Data practices. new text end

new text begin (a) The committee is subject to the Minnesota Government
Data Practices Act, chapter 13. The committee may request access to nonpublic data, as
defined in section 13.02, subdivision 9, as necessary to fulfill its responsibilities under
this section. A government entity receiving a request under this subdivision must provide
nonpublic data requested by the committee if the government entity reasonably determines
that the data requested are relevant to the committee's responsibilities under this section.
new text end

new text begin (b) Paragraph (a) must not be construed to give the committee access to data
classified under section 13.87, subdivision 2, or data on persons who provide the notice
described in section 609.66, subdivision 1g, paragraph (b), clause (2).
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin Notwithstanding section 15.059, subdivision 5, the advisory
committee on Capitol Area Security expires June 30, 2022.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text beginORGANIZATIONAL DEADLINES.
new text end

new text begin The appointing authorities for the advisory committee on Capitol Area Security
shall complete their initial appointments by July 30, 2012. The lieutenant governor shall
convene the first meeting of the committee within 30 days after the initial appointments
are completed.
new text end