SF 1104

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:18am

A bill for an act
relating to the University of Minnesota; authorizing enacting of ordinances;
providing criminal penalties; amending Minnesota Statutes 2008, section 626.84,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 137.

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

Section 1.

new text begin [137.115] ORDINANCES; CRIMINAL PENALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Authority; penalties. new text end

new text begin The Board of Regents of the University of
Minnesota may enact ordinances pursuant to the authority granted under the University
Charter and consistent with state law which it considers necessary or proper for the
government of the university and the protection, health, safety, and comfort of the public
on property owned, leased, or occupied by the University of Minnesota. The violation of
such ordinances is a misdemeanor.
new text end

new text begin Subd. 2. new text end

new text begin Prosecution. new text end

new text begin The prosecution must be before a district court having
jurisdiction over the place where the violation occurs.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin Every sheriff, police officer, or other peace officer shall
see that all rules, regulations, and ordinances are obeyed and shall arrest and prosecute
offenders.
new text end

new text begin Subd. 4. new text end

new text begin Judicial notice. new text end

new text begin All persons shall take notice of such rules, regulations,
and ordinances without pleading and proof of the same.
new text end

new text begin Subd. 5. new text end

new text begin Notice, hearing, filing, and effect. new text end

new text begin (a) The regents of the University
of Minnesota shall:
new text end

new text begin (1) fix a date for a public hearing on the adoption of any proposed rule, regulation, or
ordinance; and
new text end

new text begin (2) publish notice of the hearing in a legal newspaper in the county in which the
property affected by the rule, regulation, or ordinance is located, at least 15 days and not
more than 45 days before the date of the hearing.
new text end

new text begin (b) If, after the hearing, the proposed rule, regulation, or ordinance is adopted by a
majority of the members of the Board of Regents of the University of Minnesota, the rule,
regulation, or ordinance is considered enacted by the Board of Regents of the University
of Minnesota. A copy must be signed by the president, attested by the secretary, and filed
with the secretary of state of the state of Minnesota, together with proof of publication.
Upon filing, the rule, regulation, or ordinance is in full force and effect.
new text end

new text begin Subd. 6. new text end

new text begin Allocation of fines. new text end

new text begin The fines collected in Hennepin, St. Louis, and Stevens
Counties shall be paid into the treasury of the University of Minnesota, except that the
portion of the fines necessary to cover all costs and disbursements incurred in processing
and prosecuting the violations in court shall be retained by the court administrator in
Hennepin and St. Louis Counties and by the city of Morris in Stevens County.
new text end

Sec. 2.

Minnesota Statutes 2008, section 626.84, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of sections 626.84 to 626.863, the
following terms have the meanings given them:

(a) "Board" means the Board of Peace Officer Standards and Training.

(b) "Director" means the executive director of the board.

(c) "Peace officer" means:

(1) an employee or an elected or appointed official of a political subdivision or
law enforcement agency who is licensed by the board, charged with the prevention and
detection of crime and the enforcement of the general criminal laws of the state and who
has the full power of arrest, and shall also include the Minnesota State Patrol, agents of the
Division of Alcohol and Gambling Enforcement, state conservation officers, Metropolitan
Transit police officers, Department of Corrections Fugitive Apprehension Unit officers,
deleted text begin and deleted text end new text begin , University of Minnesota police officers, new text end Department of Commerce Insurance Fraud
Unit officers, and the statewide coordinator of the Gang and Drug Oversight Council; and

(2) a peace officer who is employed by a law enforcement agency of a federally
recognized tribe, as defined in United States Code, title 25, section 450b(e), and who
is licensed by the board.

(d) "Part-time peace officer" means an individual licensed by the board whose
services are utilized by law enforcement agencies no more than an average of 20 hours per
week, not including time spent on call when no call to active duty is received, calculated
on an annual basis, who has either full powers of arrest or authorization to carry a
firearm while on active duty. The term shall apply even though the individual receives
no compensation for time spent on active duty, and shall apply irrespective of the title
conferred upon the individual by any law enforcement agency.

(e) "Reserve officer" means an individual whose services are utilized by a law
enforcement agency to provide supplementary assistance at special events, traffic or crowd
control, and administrative or clerical assistance. A reserve officer's duties do not include
enforcement of the general criminal laws of the state, and the officer does not have full
powers of arrest or authorization to carry a firearm on duty.

(f) "Law enforcement agency" means:

(1) a unit of state or local government that is authorized by law to grant full powers
of arrest and to charge a person with the duties of preventing and detecting crime and
enforcing the general criminal laws of the state; and

(2) subject to the limitations in section 626.93, a law enforcement agency of a
federally recognized tribe, as defined in United States Code, title 25, section 450b(e).

(g) "Professional peace officer education" means a postsecondary degree program,
or a nondegree program for persons who already have a college degree, that is offered by
a college or university in Minnesota, designed for persons seeking licensure as a peace
officer, and approved by the board.