Minnesota Session Laws - 1987, Regular Session

  

                         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