HF 1743

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to retirement; authorizing tribal police 
  1.3             departments exercising state arrest powers to receive 
  1.4             police state aid; amending Minnesota Statutes 2000, 
  1.5             section 69.011, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 69.011, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [DEFINITIONS.] Unless the language or 
  1.10  context clearly indicates that a different meaning is intended, 
  1.11  the following words and terms shall for the purposes of this 
  1.12  chapter and chapters 423, 423A, 424 and 424A have the meanings 
  1.13  ascribed to them: 
  1.14     (a) "Commissioner" means the commissioner of revenue. 
  1.15     (b) "Municipality" means any home rule charter or statutory 
  1.16  city, organized town or park district subject to chapter 398, 
  1.17  the University of Minnesota, and, for purposes of the fire state 
  1.18  aid program only, an American Indian tribal government entity 
  1.19  located within a federally recognized American Indian 
  1.20  reservation, and, for purposes of the police state aid program 
  1.21  only, the metropolitan airports commission, with respect to 
  1.22  peace officers covered under chapter 422A, or the department of 
  1.23  natural resources and the department of public safety with 
  1.24  respect to peace officers covered under chapter 352B. 
  1.25     (c) "Minnesota Firetown Premium Report" means a form 
  2.1   prescribed by the commissioner containing space for reporting by 
  2.2   insurers of fire, lightning, sprinkler leakage and extended 
  2.3   coverage premiums received upon risks located or to be performed 
  2.4   in this state less return premiums and dividends. 
  2.5      (d) "Firetown" means the area serviced by any municipality 
  2.6   having a qualified fire department or a qualified incorporated 
  2.7   fire department having a subsidiary volunteer firefighters' 
  2.8   relief association. 
  2.9      (e) "Market value" means latest available market value of 
  2.10  all property in a taxing jurisdiction, whether the property is 
  2.11  subject to taxation, or exempt from ad valorem taxation obtained 
  2.12  from information which appears on abstracts filed with the 
  2.13  commissioner of revenue or equalized by the state board of 
  2.14  equalization. 
  2.15     (f) "Minnesota Aid to Police Premium Report" means a form 
  2.16  prescribed by the commissioner for reporting by each fire and 
  2.17  casualty insurer of all premiums received upon direct business 
  2.18  received by it in this state, or by its agents for it, in cash 
  2.19  or otherwise, during the preceding calendar year, with reference 
  2.20  to insurance written for insuring against the perils contained 
  2.21  in auto insurance coverages as reported in the Minnesota 
  2.22  business schedule of the annual financial statement which each 
  2.23  insurer is required to file with the commissioner in accordance 
  2.24  with the governing laws or rules less return premiums and 
  2.25  dividends. 
  2.26     (g) "Peace officer" means any person: 
  2.27     (1) whose primary source of income derived from wages is 
  2.28  from direct employment by a municipality or county as a law 
  2.29  enforcement officer on a full-time basis of not less than 30 
  2.30  hours per week; 
  2.31     (2) who has been employed for a minimum of six months prior 
  2.32  to December 31 preceding the date of the current year's 
  2.33  certification under subdivision 2, clause (b); 
  2.34     (3) who is sworn to enforce the general criminal laws of 
  2.35  the state and local ordinances; 
  2.36     (4) who is licensed by the peace officers standards and 
  3.1   training board and is authorized to arrest with a warrant; and 
  3.2      (5) who is a member of a local police relief association to 
  3.3   which section 69.77 applies, the state patrol retirement plan, 
  3.4   the public employees police and fire fund, or the Minneapolis 
  3.5   employees retirement fund. 
  3.6      (h) "Full-time equivalent number of peace officers 
  3.7   providing contract service" means the integral or fractional 
  3.8   number of peace officers which would be necessary to provide the 
  3.9   contract service if all peace officers providing service were 
  3.10  employed on a full-time basis as defined by the employing unit 
  3.11  and the municipality receiving the contract service. 
  3.12     (i) "Retirement benefits other than a service pension"  
  3.13  means any disbursement authorized under section 424A.05, 
  3.14  subdivision 3, clauses (2), (3), and (4).  
  3.15     (j) "Municipal clerk, municipal clerk-treasurer, or county 
  3.16  auditor" means the person who was elected or appointed to the 
  3.17  specified position or, in the absence of the person, another 
  3.18  person who is designated by the applicable governing body.  In a 
  3.19  park district the clerk is the secretary of the board of park 
  3.20  district commissioners.  In the case of the University of 
  3.21  Minnesota, the clerk is that official designated by the board of 
  3.22  regents.  For the metropolitan airports commission, the clerk is 
  3.23  the person designated by the commission.  For the department of 
  3.24  natural resources or the department of public safety, the clerk 
  3.25  is the respective commissioner.  For tribal police departments 
  3.26  exercising state arrest powers under section 626.90, 626.91, 
  3.27  626.92, or 626.93, the clerk is the person designated by the 
  3.28  American Indian tribal government. 
  3.29     Sec. 2.  [CERTIFICATION.] 
  3.30     Notwithstanding certification deadlines in section 69.011, 
  3.31  subdivision 2, the clerk designated by the applicable American 
  3.32  Indian tribal government may certify the number of peace 
  3.33  officers to the commissioner of revenue prior to July 1, 2001. 
  3.34     Sec. 3.  [EFFECTIVE DATE.] 
  3.35     Sections 1 and 2 are effective the day following final 
  3.36  enactment.