Key: (1) language to be deleted (2) new language
Laws of Minnesota 1987 CHAPTER 83-S.F.No. 420 An act relating to crimes; metropolitan transit; authorizing peace officers hired by the metropolitan transit commission to make arrests within the metropolitan area; amending Minnesota Statutes 1986, sections 352.01, subdivision 2B; and 629.40, by adding a subdivision. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1986, section 352.01, subdivision 2B, is amended to read: Subd. 2B. [EXCLUDED EMPLOYEES.] The following persons are excluded from the meaning of state employee: (1) elective state officers; (2) students employed by the University of Minnesota, the state universities, and community colleges unless approved for coverage by the board of regents, the state university board or the state board for community colleges, as the case may be; (3) employees who are eligible to membership in the state teachers retirement association except employees of the department of education who have elected or may elect to be covered by the Minnesota state retirement system instead of the teachers retirement association; (4) employees of the University of Minnesota who are excluded from coverage by action of the board of regents; (5) officers and enlisted personnel in the national guard and the naval militia and such as are assigned to permanent peacetime duty who pursuant to federal law are or are required to be members of a federal retirement system; (6) election officers; (7) persons engaged in public work for the state but employed by contractors when the performance of the contract is authorized by the legislature or other competent authority; (8) officers and employees of the senate and house of representatives or a legislative committee or commission who are temporarily employed; (9) all courts and court employees, referees, receivers, jurors, and notaries public, except employees of the appellate courts and referees and adjusters employed by the department of labor and industry; (10) patient and inmate help in state charitable, penal and correctional institutions including the Minnesota veterans home; (11) persons employed for professional services where the service is incidental to regular professional duties and whose compensation is paid on a per diem basis; (12) employees of the Sibley House Association; (13) employees of the Grand Army of the Republic and employees of the ladies of the G.A.R.; (14) operators and drivers employed pursuant to section 16.07, subdivision 4; (15) the members of any state board or commission who serve the state intermittently and are paid on a per diem basis; the secretary, secretary-treasurer, and treasurer of those boards if their compensation is $500 or less per year, or, if they are legally prohibited from serving more than two consecutive terms and their total service therefor is required by law to be less than ten years; and the board of managers of the state agricultural society and its treasurer unless the treasurer is also its full time secretary; (16) state troopers; (17) temporary employees of the Minnesota state fair employed on or after July 1 for a period not to extend beyond October 15 of the same year; and persons employed at any time or times by the state fair administration for special events held on the fairgrounds; (18) emergency employees in the classified service except emergency employees who within the same pay period become provisional or probationary employees on other than a temporary basis, shall be deemed "state employees" retroactively to the beginning of the pay period; (19) persons described in section 352B.01, subdivision 2, clauses (b) and (c) formerly defined as state police officers; (20) all temporary employees in the classified service, all temporary employees in the unclassified service appointed for a definite period of not more than six months and employed less than six months in any one-year period and all seasonal help in the classified service employed by the department of revenue; (21) trainees paid under budget classification number 41, and other trainee employees, except those listed in subdivision 2A, clause (10); (22) persons whose compensation is paid on a fee basis; (23) state employees who in any year have credit for 12 months service as teachers in the public schools of the state and as teachers are members of the teachers retirement association or a retirement system in St. Paul, Minneapolis, or Duluth; (24) employees of the adjutant general employed on an unlimited intermittent or temporary basis in the classified and unclassified service for the support of army and air national guard training facilities; (25) chaplains and nuns who have taken a vow of poverty as members of a religious order; (26) labor service employees employed as a laborer 1 on an hourly basis; (27) examination monitors employed by departments, agencies, commissions, and boards for the purpose of conducting examinations required by law; (28) members of appeal tribunals, exclusive of the chair, to which reference is made in section 268.10, subdivision 4; (29) persons appointed to serve as members of fact finding commissions, adjustment panels, arbitrators, or labor referees under the provisions of chapter 179; (30) temporary employees employed for limited periods of time under any state or federal program for the purpose of training or rehabilitation including persons employed for limited periods of time from areas of economic distress except skilled and supervisory personnel and persons having civil service status covered by the system; (31) full-time students employed by the Minnesota historical society who are employed intermittently during part of the year and full time during the summer months; (32) temporary employees, appointed for not more than six months, of the metropolitan council and of any of its statutory boards, the members of which board are appointed by the metropolitan council; (33) persons employed in positions designated by the department of employee relations as student workers; (34) any person who is 65 years of age or older when appointed and who does not have allowable service credit for previous employment, unless the employee gives notice to the director within 60 days following appointment that coverage is desired; (35) members of trades employed by the metropolitan waste control commission with trade union pension plan coverage pursuant to a collective bargaining agreement first employed after June 1, 1977;and(36) persons employed in subsidized on-the-job training, work experience or public service employment as enrollees under the federal Comprehensive Employment and Training Act from and after March 30, 1978, unless the person has as of the later of March 30, 1978 or the date of employment sufficient service credit in the retirement system to meet the minimum vesting requirements for a deferred annuity, or the employer agrees in writing on forms prescribed by the director to make the required employer contributions, including any employer additional contributions, on account of that person from revenue sources other than funds provided under the federal Comprehensive Employment and Training Act, or the person agrees in writing on forms prescribed by the director to make the required employer contribution in addition to the required employee contribution; and (37) off-duty peace officers while employed by the metropolitan transit commission under section 2. Sec. 2. Minnesota Statutes 1986, section 629.40, is amended by adding a subdivision to read: Subd. 5. [OFFICERS APPOINTED BY METROPOLITAN TRANSIT COMMISSION.] An off-duty peace officer as defined in section 626.84, subdivision 1, paragraph (c), may be employed by the metropolitan transit commission to police its property and routes and may make an arrest under section 629.34 while on duty for the metropolitan transit commission anywhere within the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. The powers of arrest may only be exercised in connection with investigations authorized by the commission that relate to commission property, equipment, employees, and passengers. Sec. 3. [EFFECTIVE DATE.] Section 2 is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. Approved May 11, 1987
Official Publication of the State of Minnesota
Revisor of Statutes