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HF 440

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/16/2021 11:36pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; requiring professional liability insurance for peace officers;
establishing liability of peace officers; amending Minnesota Statutes 2020, sections
466.03, by adding a subdivision; 466.07, subdivision 1; 626.843, subdivision 1;
626.845, by adding a subdivision.


Section 1.

Minnesota Statutes 2020, section 466.03, is amended by adding a subdivision
to read:

new text begin Subd. 26. new text end

new text begin Licensed peace officers. new text end

new text begin Any claim based upon an act or omission of a licensed
peace officer during paid on-duty time or paid off-duty work approved by the employing
agency, unless the claim is for an amount greater than the officer's liability insurance policy
limit, the licensed peace officer is liable for all claims covered by this subdivision. Neither
the officer's employing agency nor any other individual or organization, public or private,
may assume liability in lieu of the officer or the officer's insurance for any claim covered
by this subdivision. Data regarding settlements of claims covered by this subdivision shall
be public data, except as otherwise provided by chapter 13.
new text end

Sec. 2.

Minnesota Statutes 2020, section 466.07, subdivision 1, is amended to read:

Subdivision 1.

Indemnification required.

Subject to the limitations in section 466.04,
a municipality or an instrumentality of a municipality shall defend and indemnify any of
its officers and employeesnew text begin other than licensed peace officersnew text end, whether elective or appointive,
for damages, including punitive damages, claimed or levied against the officer or employee,
provided that the officer or employee:

(1) was acting in the performance of the duties of the position; and

(2) was not guilty of malfeasance in office, willful neglect of duty, or bad faith.

Notwithstanding any provisions to the contrary in section 123B.25, paragraph (b), this
section applies to all school districts, however organized.

Sec. 3.

Minnesota Statutes 2020, section 626.843, subdivision 1, is amended to read:

Subdivision 1.

Rules required.

The board shall adopt rules with respect to:

(1) the certification of postsecondary schools to provide programs of professional peace
officer education;

(2) minimum courses of study and equipment and facilities to be required at each certified
school within the state;

(3) minimum qualifications for coordinators and instructors at certified schools offering
a program of professional peace officer education located within this state;

(4) minimum standards of physical, mental, and educational fitness which shall govern
the admission to professional peace officer education programs and the licensing of peace
officers within the state, by any state, county, municipality, or joint or contractual
combination thereof, including members of the Minnesota State Patrol;

(5) board-approved continuing education courses that ensure professional competence
of peace officers and part-time peace officers;

(6) minimum standards of conduct which would affect the individual's performance of
duties as a peace officer. These standards shall be established and published. The board
shall review the minimum standards of conduct described in this clause for possible
modification in 1998 and every three years after that time;

(7) a set of educational learning objectives that must be met within a certified school's
professional peace officer education program. These learning objectives must concentrate
on the knowledge, skills, and abilities deemed essential for a peace officer. Education in
these learning objectives shall be deemed satisfactory for the completion of the minimum
basic training requirement;

(8) the establishment and use by any political subdivision or state law enforcement
agency that employs persons licensed by the board of procedures for investigation and
resolution of allegations of misconduct by persons licensed by the board. The procedures
shall be in writing and shall be established on or before October 1, 1984;

(9) the issues that must be considered by each political subdivision and state law
enforcement agency that employs persons licensed by the board in establishing procedures
under section 626.5532 to govern the conduct of peace officers who are in pursuit of a
vehicle being operated in violation of section 609.487, and requirements for the training of
peace officers in conducting pursuits. The adoption of specific procedures and requirements
is within the authority of the political subdivision or agency;

(10) supervision of part-time peace officers and requirements for documentation of hours
worked by a part-time peace officer who is on active duty. These rules shall be adopted by
December 31, 1993;

(11) citizenship requirements for peace officers and part-time peace officers;

(12) driver's license requirements for peace officers and part-time peace officers; deleted text beginand
deleted text end

new text begin (13) professional liability insurance as required for licensed peace officers in accordance
with section 626.845, subdivision 3; and
new text end

deleted text begin (13)deleted text endnew text begin (14)new text end such other matters as may be necessary consistent with sections 626.84 to
626.863. Rules promulgated by the attorney general with respect to these matters may be
continued in force by resolution of the board if the board finds the rules to be consistent
with sections 626.84 to 626.863.

Sec. 4.

Minnesota Statutes 2020, section 626.845, is amended by adding a subdivision to

new text begin Subd. 4. new text end

new text begin Liability insurance required for licensed peace officers. new text end

new text begin Each licensed peace
officer shall obtain a policy of professional liability insurance coverage in an amount no
less than current limits for municipalities as provided in section 466.04. Each licensed peace
officer must provide proof of such insurance and must maintain continuous coverage
throughout the course of employment as a peace officer. The insurance shall cover claims
against the officer for acts or omissions during paid on-duty time or paid off-duty work
approved by the employing agency. The employing agency may reimburse the officer for
the base rate of the policy required by this subdivision, but may not cover any additional
premium costs due to personal or claims history.
new text end