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HF 1607

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 05/09/2011 03:13pm

KEY: stricken = removed, old language.
underscored = added, new language.
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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; requiring a report 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] REPORT ON CAPITOL COMPLEX SECURITY.
new text end

new text begin Subdivision 1. new text end

new text begin Report. new text end

new text begin (a) The commissioner of public safety shall meet with
interested parties to review 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 commissioner 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.
new text end

new text begin (b) The commissioner shall report to the governor, the chief justice of the Supreme
Court, the Capitol Area Architectural and Planning Board, and 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, 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 commissioner 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. 2. new text end

new text begin Data practices. new text end

new text begin The commissioner may request access to nonpublic data,
as defined in section 13.02, subdivision 9, as necessary to fulfill the commissioner's
responsibilities under this section. A government entity receiving a request under this
subdivision must provide nonpublic data requested by the commissioner if the government
entity reasonably determines that the data requested are relevant to the commissioner's
responsibilities under this section.
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