Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 135-S.F.No. 1043 
                  An act relating to peace officers; prescribing grounds 
                  for license revocation, suspension, or denial; 
                  removing the requirement that the peace officer 
                  standards and training board report to the legislature 
                  on the activities of the minority recruiter; repealing 
                  the law empowering council members of certain cities 
                  to act as peace officers to suppress riotous or 
                  disorderly conduct; amending Laws 1997, chapter 239, 
                  article 1, section 9; proposing coding for new law in 
                  Minnesota Statutes, chapter 626; repealing Minnesota 
                  Statutes 2000, section 412.101. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [626.8432] [REVOCATION; SUSPENSION; DENIAL.] 
           Subdivision 1.  [GROUNDS FOR REVOCATION, SUSPENSION, OR 
        DENIAL.] (a) The board may refuse to issue, refuse to renew, 
        refuse to reinstate, suspend, revoke eligibility for licensure, 
        or revoke a peace officer or part-time peace officer license for 
        any of the following causes: 
           (1) fraud or misrepresentation in obtaining a license; 
           (2) failure to meet licensure requirements; or 
           (3) a violation of the standards of conduct set forth in 
        Minnesota Rules, chapter 6700. 
           (b) Unless otherwise provided by the board, a revocation or 
        suspension applies to each license, renewal, or reinstatement 
        privilege held by the individual at the time final action is 
        taken by the board.  A person whose license or renewal privilege 
        has been suspended or revoked shall be ineligible to be issued 
        any other license by the board during the pendency of the 
        suspension or revocation. 
           Subd. 2.  [DISCOVERY OF DISQUALIFYING CONVICTION AFTER 
        LICENSURE.] The board may suspend or revoke a peace officer or 
        part-time peace officer license when the licensee has been 
        convicted of a crime recognized by the board as a crime that 
        would disqualify the licensee from participating in a 
        professional peace officer education course, taking the peace 
        officer licensing examination or the part-time peace officer 
        licensing examination, or maintaining eligibility for licensure 
        under Minnesota Rules, chapter 6700.  The authority to suspend 
        or revoke a license shall include all individuals who have been 
        granted a license when a disqualifying conviction that would 
        have precluded eligibility for licensure is discovered after 
        licensure. 
           Sec. 2.  Laws 1997, chapter 239, article 1, section 9, is 
        amended to read: 
        Sec. 9.  BOARD OF PEACE OFFICER 
        STANDARDS AND TRAINING                 3,581,000      3,801,000
        This appropriation is from the peace 
        officers training account in the 
        special revenue fund.  Any receipts 
        credited to the peace officer training 
        account in the special revenue fund in 
        the first year in excess of $3,581,000 
        must be transferred and credited to the 
        general fund.  Any receipts credited to 
        the peace officer training account in 
        the special revenue fund in the second 
        year in excess of $3,801,000 must be 
        transferred and credited to the general 
        fund. 
        $30,000 the first year is from the 
        special revenue fund for DARE officer 
        training. 
        $312,000 the second year shall be 
        expended as follows:  (1) up to $30,000 
        for administrative law judge costs; (2) 
        up to $16,000 for minority recruitment; 
        (3) up to $10,000 for computer training 
        and support; (4) up to $30,000 for DARE 
        officer training; (5) $100,000 for a 
        law enforcement library at metropolitan 
        state university; (6) up to $25,000 for 
        hiring a consultant to develop a 
        screening examination for admission to 
        a law enforcement skills program.  If 
        there are sufficient funds remaining 
        after developing the screening 
        examination, the consultant may develop 
        a new reciprocity examination; and (7) 
        up to $101,000 for increased 
        reimbursements to local law enforcement 
        for the cost of administering 
        board-approved continuing education to 
        peace officers. 
        By July 1, 1998, and each July 1 
        thereafter, the board shall report to 
        the chairs of the senate and house 
        divisions having jurisdiction over 
        criminal justice funding on the 
        activities of the minority recruiter 
        and the outcomes attributable to that 
        position. information provided to the 
        board on recruitment information and 
        enrollment statistics from MNSCU 
        institutions that provide the 
        Professional Peace Officer Education 
        Program. 
        The commissioner of finance shall 
        ensure that the base budget for the 
        2000-2001 fiscal biennium for the POST 
        board includes the $850,000 each year 
        that was transferred in fiscal year 
        1997 from the POST board to the 
        Minnesota state colleges and 
        universities system. 
        The board shall provide education and 
        training to peace officers and other 
        criminal justice personnel on early 
        intervention and reduction of possible 
        HIV seroconversion for persons who have 
        experienced a significant exposure, as 
        defined in Minnesota Statutes, section 
        144.761.  The POST board shall work in 
        cooperation with the commissioners of 
        public safety and corrections in 
        providing this training.  A portion of 
        this appropriation shall be awarded as 
        grants to professional employers of 
        emergency medical services personnel as 
        defined in Minnesota Statutes, section 
        144.761, subdivision 5, clause (2), to 
        demonstrate effective education and 
        training services and procedures for 
        implementing the protocol described in 
        Minnesota Statutes, section 144.762. 
           Sec. 3.  [REPEALER.] 
           Minnesota Statutes 2000, section 412.101, is repealed. 
           Presented to the governor May 17, 2001 
           Signed by the governor May 21, 2001, 10:49 a.m.