SF 1468

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public employers; modifying public
employer reimbursement for compensation paid to
certain firefighters and peace officers; creating a
panel to evaluate claims; appropriating money;
amending Minnesota Statutes 2004, sections 214.04,
subdivision 1; 299A.465, subdivision 4, by adding
subdivisions.

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

Section 1.

Minnesota Statutes 2004, section 214.04,
subdivision 1, is amended to read:

Subdivision 1.

Services provided.

new text begin (a) new text end The commissioner
of administration with respect to the Board of Electricity deleted text begin , deleted text end new text begin ; new text end the
commissioner of education with respect to the Board of
Teaching deleted text begin , deleted text end new text begin ; new text end the commissioner of public safety with respect to the
Board of Private Detective and Protective Agent Services, new text begin the
panel established pursuant to section 299A.465, subdivision 7,
new text end and the Board of Peace Officer Standards and Training deleted text begin , deleted text end new text begin ; new text end and the
commissioner of revenue with respect to the Board of Assessors,
shall provide suitable offices and other space, joint conference
and hearing facilities, examination rooms, and the following
administrative support services: purchasing service, accounting
service, advisory personnel services, consulting services
relating to evaluation procedures and techniques, data
processing, duplicating, mailing services, automated printing of
license renewals, and such other similar services of a
housekeeping nature as are generally available to other agencies
of state government. Investigative services shall be provided
the boards by employees of the Office of Attorney General. The
commissioner of health with respect to the health-related
licensing boards shall provide mailing and office supply
services and may provide other facilities and services listed in
this subdivision at a central location upon request of the
health-related licensing boards. The commissioner of commerce
with respect to the remaining non-health-related licensing
boards shall provide the above facilities and services at a
central location for the remaining non-health-related licensing
boards. The legal and investigative services for the boards
shall be provided by employees of the attorney general assigned
to the departments servicing the boards. Notwithstanding the
foregoing, the attorney general shall not be precluded by this
section from assigning other attorneys to service a board if
necessary in order to insure competent and consistent legal
representation. Persons providing legal and investigative
services shall to the extent practicable provide the services on
a regular basis to the same board or boards.

new text begin (b) The requirements in paragraph (a) with respect to the
panel established in section 299A.465, subdivision 7, expire
July 1, 2008.
new text end

Sec. 2.

Minnesota Statutes 2004, section 299A.465,
subdivision 4, is amended to read:

Subd. 4.

Public employer reimbursement.

A public
employer subject to this section may annually apply by August 1
for the preceding fiscal year to the commissioner of public
safety for reimbursement deleted text begin to help defray a portion deleted text end of its costs
of complying with this section. The commissioner shall deleted text begin provide
an equal pro rata share to deleted text end new text begin reimburse new text end the public employer out of
the public safety officer's benefit account deleted text begin based on the
availability of funds for each eligible officer, firefighter,
and qualifying dependents deleted text end . deleted text begin Individual shares must deleted text end new text begin Reimbursement
must new text end not exceed the actual costs of providing coverage under
this section by a public employer.

Sec. 3.

Minnesota Statutes 2004, section 299A.465, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Determination of scope and duties. new text end

new text begin (a) Whenever
a peace officer or firefighter has been approved to receive a
duty-related disability pension, the officer or firefighter may
apply to the panel established in subdivision 7 for a
determination of whether or not the officer or firefighter meets
the requirements in subdivision 1, paragraph (a), clause (2).
In making this decision, the panel shall determine whether or
not the officer's or firefighter's occupational duties or
professional responsibilities resulted in the disabling illness
or injury the officer or firefighter sustained that results in
the officer's or firefighter's retirement or separation from
service. A final determination by the panel is binding on the
applicant and the employer, subject to any right of judicial
review. Applications must be made within 90 days of receipt of
approval of a duty-related pension and must be acted upon by the
panel within 90 days of receipt. Applications that are not
acted upon within 90 days of receipt by the panel are approved.
Applications and supporting documents are private data.
new text end

new text begin (b) This subdivision expires July 1, 2008.
new text end

Sec. 4.

Minnesota Statutes 2004, section 299A.465, is
amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Course and scope of duties panel. new text end

new text begin (a) A panel
is established for the purpose set forth in subdivision 6,
composed of the following seven members:
new text end

new text begin (1) two members recommended by the Minnesota League of
Cities or a successor;
new text end

new text begin (2) one member recommended by the Association of Minnesota
Counties or a successor;
new text end

new text begin (3) two members recommended by the Minnesota Police and
Peace Officers Association or a successor;
new text end

new text begin (4) one member recommended by the Minnesota Professional
Firefighters Association or a successor; and
new text end

new text begin (5) one member with expertise in disability issues and
their costs.
new text end

new text begin (b) Recommendations must be forwarded to the commissioner
of public safety who shall appoint the recommended members after
determining that they were properly recommended. Members shall
serve for two years or until their successors have been seated.
No member may serve more than three consecutive terms.
Vacancies on the panel must be filled by recommendation by the
organization whose representative's seat has been vacated. A
vacancy of the nonorganizational seat must be filled by the
recommendation of the panel. Vacancies may be declared by the
panel in cases of resignation or when a member misses three or
more consecutive meetings, or by a nominating organization when
its nominee is no longer a member in good standing of the
organization, an employee of the organization, or an employee of
a member in good standing of the organization. A member
appointed because of a vacancy shall serve until the expiration
of the vacated term.
new text end

new text begin (c) Panel members shall be reimbursed for expenses related
to their duties according to section 15.059, subdivision 3,
paragraph (a), but shall not receive compensation or per diem
payments. The panel's proceedings and determinations constitute
a quasi-judicial process and its operation must comply with
chapter 14. Membership on the panel does not constitute holding
a public office and members of the panel are not required to
take and file oaths of office or submit a public official's bond
before serving on the panel. No member of the panel may be
disqualified from holding any public office or employment by
reason of being appointed to the panel. Members of the panel
and staff or consultants working with the panel are covered by
the immunity provision in section 214.34, subdivision 2. The
panel shall elect a chair and adopt rules of order. The panel
shall convene no later than July 1, 2005.
new text end

new text begin (d) This subdivision expires July 1, 2008.
new text end

Sec. 5. new text begin APPROPRIATION.
new text end

new text begin $1,347,000 is appropriated from the general fund to the
commissioner of public safety to pay peace officer's benefits as
provided by this act. $609,000 is available for the fiscal year
ending June 30, 2006, and $738,000 is available for the fiscal
year ending June 30, 2007.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1, 2, and 4 are effective the day after final
enactment. Section 3 is effective July 1, 2005, and applies to
duty-related pension approvals made on or after that date.
new text end