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Minnesota Legislature

Office of the Revisor of Statutes

SF 350

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:12am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; clarifying the powers and duties of the POST Board;
amending Minnesota Statutes 2008, sections 626.843, subdivisions 1, 3; 626.845,
subdivision 1.

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

Section 1.

Minnesota Statutes 2008, 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 deleted text beginpeace officer training schools, programs, or courses including
training schools for the Minnesota State Patrol. Such schools, programs and courses
shall include those administered by the state, county, school district, municipality, or
joint or contractual combinations thereof, and shall include preparatory instruction in
law enforcement and minimum basic training courses
deleted text endnew text begin postsecondary schools to provide
programs of professional peace officer education
new text end;

(2) minimum courses of studydeleted text begin, attendance requirements,deleted text end and equipment and facilities
to be required at each certified deleted text beginpeace officers trainingdeleted text end school deleted text beginlocateddeleted text end within the state;

(3) minimum qualifications for new text begincoordinators and new text endinstructors at certified deleted text beginpeace officer
training
deleted text end schools new text beginoffering a program of professional peace officer education new text endlocated within
this state;

(4) minimum standards of physical, mental, and educational fitness which shall
govern the deleted text beginrecruitmentdeleted text end new text beginadmission to professional peace officer education programs new text endand
new text begin the new text endlicensing 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) new text beginboard-approved continuing education courses that ensure professional
competence of peace officers and part-time peace officers;
new text end

new text begin (6) new text endminimum 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;

deleted text begin (6) minimum basic training which peace officers appointed to temporary or
probationary terms shall complete before being eligible for permanent appointment,
and the time within which such basic training must be completed following any such
appointment to a temporary or probationary term;
deleted text end

deleted text begin (7) minimum specialized training which part-time peace officers shall complete in
order to be eligible for continued employment as a part-time peace officer or permanent
employment as a peace officer, and the time within which the specialized training must
be completed;
deleted text end

deleted text begin (8) content of minimum basic training courses required of graduates of certified law
enforcement training schools or programs. Such courses shall not duplicate the content
of certified academic or general background courses completed by a student but shall
concentrate on practical skills deemed essential for a peace officer. Successful completion
of such a course
deleted text end new text begin(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
new text endshall be deemed deleted text beginsatisfactiondeleted text end new text beginsatisfactory for
the completion
new text endof the minimum basic training requirement;

deleted text begin (9) grading, reporting, attendance and other records, and certificates of attendance
or accomplishment;
deleted text end

deleted text begin (10) the procedures to be followed by a part-time peace officer for notifying
the board of intent to pursue the specialized training for part-time peace officers who
desire to become peace officers pursuant to clause (7), and section 626.845, subdivision
1
, clause (7);
deleted text end

deleted text begin (11)deleted text end new text begin(8) new text endthe establishment and use by any political subdivision or state law
enforcement agency deleted text beginwhichdeleted text end new text beginthat new text endemploys 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;

deleted text begin (12)deleted text end new text begin(9) new text endthe 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;

deleted text begin (13)deleted text end new text begin(10) new text endsupervision 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;

deleted text begin (14)deleted text end new text begin(11) new text endcitizenship requirements for deleted text beginfull-timedeleted text end new text beginpeace officers new text endand part-time peace
officers;

deleted text begin (15)deleted text end new text begin(12) new text enddriver's license requirements for deleted text beginfull-timedeleted text end new text beginpeace officers new text endand part-time
peace officers; and

deleted text begin (16)deleted text end new text begin(13) new text endsuch 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. 2.

Minnesota Statutes 2008, section 626.843, subdivision 3, is amended to read:


Subd. 3.

Board authority.

The board may, in addition:

(1) recommend studies, surveys, and reports to be made by the executive director
regarding the carrying out of the objectives and purposes of sections 626.841 to 626.863;

(2) visit and inspect any deleted text beginpeace officer trainingdeleted text end new text begincertified new text endschool deleted text beginapproved by the
executive director
deleted text end new text beginthat offers the professional peace officer education program new text endor for
which application for deleted text beginsuch approvaldeleted text end new text begincertification new text endhas been made;

(3) make recommendations, from time to time, to the executive director, attorney
general, and the governor regarding the carrying out of the objectives and purposes of
sections 626.841 to 626.863;

(4) perform such other acts as may be necessary or appropriate to carry out the
powers and duties of the board deleted text beginas set forth indeleted text end new text beginunder new text endsections 626.841 to 626.863; new text beginand
new text end

(5) cooperate with and receive financial assistance from and join in projects or
enter into contracts with the federal government or its agencies for the furtherance of
the purposes of Laws 1977, chapter 433.

Sec. 3.

Minnesota Statutes 2008, section 626.845, subdivision 1, is amended to read:


Subdivision 1.

Powers and duties.

The board shall have the following powers
and duties:

(1) to certify deleted text beginpeace officers' training schools or programs administered by state,
county and municipalities located within this state in whole or in part no later than 90
days after receipt of an application for certification. The reasons for noncertification of
any school or program or part thereof shall be transmitted to the school within 90 days
and shall contain a detailed explanation of the reasons for which the school or program
was disapproved and an explanation of what supporting material or other requirements
are necessary for the board to reconsider. Disapproval of a school or program shall
not preclude the reapplication for certification of the school or program
deleted text endnew text begin postsecondary
schools to provide programs of professional peace officer education based on a set of
board-approved professional peace officer education learning objectives
new text end;

(2) to issue certificates to new text beginpostsecondary new text endschools, and to revoke deleted text beginsuchdeleted text end certification
when necessary to maintain the objectives and purposes of sections 626.841 to 626.863;

(3) deleted text beginto certify, as qualified, instructors at peace officer training schools, and to issue
appropriate certificates to such instructors;
deleted text end

deleted text begin (4)deleted text end to license peace officers who have deleted text beginsatisfactorily completed certified basic training
programs,
deleted text end new text beginmet the education and experience requirements new text endand passed examinations as
required by the board;

new text begin (4) to develop and administer licensing examinations based on the board's learning
objectives;
new text end

(5) deleted text beginto cause studies and surveys to be made relating to the establishment, operation,
and approval of state, county, and municipal peace officer training schools;
deleted text end

deleted text begin (6)deleted text end to consult and cooperate with deleted text beginstate, county, and municipal peace officer training
schools
deleted text end new text begincontinuing education providers new text endfor the development of in-service training
programs for peace officers;

deleted text begin (7)deleted text end new text begin(6) new text endto consult and cooperate with deleted text beginuniversities, colleges, and technical collegesdeleted text end
new text begin postsecondary schools new text endfor the development deleted text beginof specialized courses of instruction and study
in the state for peace officers and part-time peace officers in police science and police
administration
deleted text endnew text begin and improvement of professional peace officer educationnew text end;

deleted text begin (8)deleted text end new text begin(7) new text endto consult and cooperate with other departments and agencies of the state and
federal government concerned with peace officer standards and training;

deleted text begin (9)deleted text end new text begin(8) new text endto perform such other acts as may be necessary and appropriate to carry out
the powers and duties deleted text beginas set forth in the provisionsdeleted text end of sections 626.841 to 626.863;

deleted text begin (10) to coordinate the provision, on a regional basis, of skills oriented basic training
courses to graduates of certified law enforcement training schools or programs;
deleted text end

deleted text begin (11)deleted text end new text begin(9) new text endto obtain criminal conviction data for persons seeking a license to be issued
or possessing a license issued by the board. The board shall have authority to obtain
criminal conviction data to the full extent that any other law enforcement agency, as that
term is defined by state or federal law, has to obtain the data;

deleted text begin (12)deleted text end new text begin(10) new text endto prepare and transmit annually to the governor a report of its activities
with respect to allocation of deleted text beginmoneysdeleted text end new text beginmoney new text endappropriated to it for peace officers training,
including the name deleted text beginand addressdeleted text end of each recipient of money for that purposedeleted text begin,deleted text end new text beginand new text endthe
amount awardeddeleted text begin, and the purpose of the awarddeleted text end; and

deleted text begin (13)deleted text end new text begin(11) new text endto assist and cooperate with any political subdivision or state law
enforcement agency deleted text beginwhichdeleted text end new text beginthat new text endemploys persons licensed by the board to establish written
deleted text begin procedures for the investigation and resolution of allegations of misconduct ofdeleted text end new text begin policies as
mandated by the state pertaining to
new text endpersons licensed by the board, and to enforce licensing
sanctions for failure to implement deleted text beginsuch proceduresdeleted text endnew text begin these policiesnew text end.

In addition, the board may maintain data received from law enforcement agencies
under section 626.87, subdivision 5, provide the data to requesting law enforcement
agencies who are conducting background investigations, and maintain data on applicants
and licensees as part of peace officer license data. The data that may be maintained
include the name of the law enforcement agency conducting the investigation and data on
the candidate provided under section 626.87, subdivision 5, clauses (1) and (2).