1999 Minnesota Statutes

CHAPTER 299D. State patrol

     299D.01 Division of state patrol. 

    Subdivision 1.    Created.  A division in the department 
 of public safety to be known as the division of state patrol is 
 created, under the supervision and control of the chief 
 supervisor, who shall be appointed by the commissioner and serve 
 at the commissioner's pleasure in the unclassified service of 
 the state civil service. 

    Subd. 2.    Chief assistant supervisor.  The chief 
 supervisor, with the approval of the commissioner, may appoint a 
 chief assistant supervisor who shall serve at the chief 
 supervisor's pleasure in the unclassified service.  The salary 
 of the chief supervisor and the salary of the chief assistant 
 supervisor is fixed by the commissioner of public safety except 
 when such salaries are otherwise expressly provided for by law.  
 The chief assistant supervisor may perform and exercise every 
 power, duty, and responsibility imposed by law upon the chief 
 supervisor when authorized so to do by the commissioner of 
 public safety.  If the chief assistant supervisor is removed 
 from the chief assistant supervisor's position for other than 
 cause as defined in section 299D.03, the chief assistant 
 supervisor shall be reinstated to the position held in the 
 patrol prior to being promoted to the position of chief 
 assistant supervisor and shall otherwise be subject to the 
 provisions of subdivision 12 of said section. 

    Subd. 3.    Commissioner's responsibilities.  Subject to 
 the provisions of this section and to other applicable laws the 
 commissioner of public safety shall organize the division, 
 employ such persons for the Minnesota state patrol including 
 assistant supervisors and sergeants in the manner and in the 
 number otherwise authorized by law and such other employees and 
 agents as the commissioner may deem necessary to discharge the 
 functions of the division, define the duties of such employees 
 and agents and to delegate to them such of the commissioner's 
 powers, duties and responsibilities, which are not specifically 
 fixed by law, subject to the commissioner's control and under 
 such conditions as the commissioner may prescribe.  Appointments 
 to exercise delegated power shall be by written order filed with 
 the secretary of state.  Except for the chief supervisor, the 
 chief assistant supervisor and state patrol officers of the 
 Minnesota state patrol, the other employees and agents listed in 
 this section are in the classified service of the state civil 
 service.  

    Subd. 4.    Oath.  Before entering upon the duties of 
 office the chief supervisor of the Minnesota state patrol shall 
 take and subscribe an oath.  

    Subd. 5. Repealed, 1996 c 310 s 1 

    Subd. 6.    Reorganization; commissioner's powers and 
 duties transferred.  Subject to the other provisions of Laws 
 1969, Chapter 1129, the powers and duties now vested in or 
 imposed upon the commissioner of transportation with reference 
 to the Minnesota highway patrol are transferred to, vested in, 
 and imposed upon the commissioner of public safety.  The powers 
 and duties of the commissioner of transportation with reference 
 thereto are hereby abolished. 

    Subd. 7.    Legislative intent.  The legislature by Laws 
 1969, Chapter 1129, Article I, is transferring the Minnesota 
 highway patrol to the department of public safety and in so 
 doing is not enlarging or increasing the statutory duties of the 
 personnel thereof, and no part of Laws 1969, chapter 1129 shall 
 be construed as in any way indicating an increase or change in 
 such powers and duties of that organization. 

    Subd. 8.    Quarters.  The commissioner of 
 transportation shall furnish the Minnesota state patrol such 
 quarters as may be necessary for the performance of the duties 
 imposed upon it by law and as the governor shall direct. 

    HIST: 1969 c 1129 art 1 s 4,12; 1976 c 166 s 7; 1981 c 37 s 
 1,2; 1986 c 444; 1991 c 326 s 15 

     299D.02 Transfer of powers. 

    Subdivision 1.    Commissioner's powers and duties; radio 
 dispatchers.  All the powers and duties of the commissioner of 
 transportation with reference to the state highway patrol and 
 the nationwide police communication system not heretofore 
 provided for and enumerated in Minnesota Statutes 1967, sections 
 161.48 and 161.49, are hereby transferred to and imposed upon 
 the commissioner of public safety.  In conjunction with the 
 transfer persons in the classified service of the state who 
 shall be transferred pursuant to section 15.015, subdivision 5, 
 there shall be transferred to the department of public safety 
 the personnel who are presently serving as radio dispatchers for 
 the highway patrol.  Such classified employees serving as 
 highway patrol radio dispatchers shall continue to be paid from 
 the trunk highway fund. 

    Subd. 2.    Commissioner's powers and duties.  All 
 powers, duties and responsibilities now assigned to and vested 
 in the commissioner of transportation in Minnesota Statutes 
 1967, chapter 352B, are hereby transferred to and vested in the 
 commissioner of public safety. 

    HIST: 1969 c 1129 art 1 s 13; 1976 c 166 s 7 

     299D.03 State patrol. 

    Subdivision 1.    Members, powers, and duties.  The 
 commissioner is hereby authorized to employ and designate a 
 chief supervisor, a chief assistant supervisor, and such 
 assistant supervisors, sergeants and officers as are provided by 
 law, who shall comprise the Minnesota state patrol.  The members 
 of the Minnesota state patrol shall have the power and authority:

    (1) as peace officers to enforce the provisions of the law 
 relating to the protection of and use of trunk highways; 

    (2) at all times to direct all traffic on trunk highways in 
 conformance with law, and in the event of a fire or other 
 emergency, or to expedite traffic or to insure safety, to direct 
 traffic on other roads as conditions may require notwithstanding 
 the provisions of law; 

    (3) to serve search warrants related to criminal motor 
 vehicle and traffic violations and arrest warrants, and legal 
 documents anywhere in the state; 

    (4) to serve orders of the commissioner of public safety or 
 the commissioner's duly authorized agents issued under the 
 provisions of the Driver's License Law, the Safety 
 Responsibility Act, or relating to authorized brake- and 
 light-testing stations, anywhere in the state and to take 
 possession of any license, permit or certificate ordered to be 
 surrendered; 

    (5) to inspect official brake and light adjusting stations; 

    (6) to make appearances anywhere within the state for the 
 purpose of conducting traffic safety educational programs and 
 school bus clinics; 

    (7) to exercise upon all trunk highways the same powers 
 with respect to the enforcement of laws relating to crimes, as 
 sheriffs, constables and police officers; 

    (8) to cooperate, under instructions and rules of the 
 commissioner of public safety, with all sheriffs and other 
 police officers anywhere in the state, provided that said 
 employees shall have no power or authority in connection with 
 strikes or industrial disputes; 

    (9) to assist and aid any peace officer whose life or 
 safety is in jeopardy; 

    (10) as peace officers to provide security and protection 
 to the governor, governor elect, either or both houses of the 
 legislature, and state buildings or property in the manner and 
 to the extent determined to be necessary after consultation with 
 the governor, or a designee.  Pursuant to this clause, members 
 of the state patrol, acting as peace officers have the same 
 powers with respect to the enforcement of laws relating to 
 crimes, as sheriffs, constables and police officers have within 
 their respective jurisdictions; 

    (11) to inspect school buses anywhere in the state for the 
 purposes of determining compliance with vehicle equipment, 
 pollution control, and registration requirements; 

    (12) as peace officers to make arrests for public offenses 
 committed in their presence anywhere within the state.  Persons 
 arrested for violations other than traffic violations shall be 
 referred forthwith to the appropriate local law enforcement 
 agency for further investigation or disposition. 

    The state may contract for state patrol members to render 
 the services described in this section in excess of their 
 regularly scheduled duty hours and patrol members rendering such 
 services shall be compensated in such amounts, manner and under 
 such conditions as the agreement provides. 

    Employees thus employed and designated shall subscribe an 
 oath. 

    Subd. 1a.    Commissioner.  For the purposes of this 
 section, the term "commissioner" means the commissioner of 
 public safety. 

    Subd. 2.    Salary and reimbursement.  (1) Each employee 
 other than the chief supervisor, lieutenant colonel, majors, 
 captains, corporals and sergeants hereinafter designated shall 
 be known as patrol troopers. 

    (2) There may be appointed one lieutenant colonel; and such 
 majors, captains, corporals, sergeants and troopers as the 
 commissioner deems necessary to carry out the duties and 
 functions of the state patrol.  Persons in above-named positions 
 shall be appointed by law and have such duties as the 
 commissioner may direct and, except for troopers, shall be 
 selected from the patrol troopers, corporals, sergeants, 
 captains, and majors who shall have had at least five years' 
 experience as either patrol troopers, corporals, sergeants, or 
 supervisors. 

    (3) The salary rates for all state patrol troopers, 
 corporals and sergeants shall be deemed to include $6 per day 
 reimbursement for shift differential, meal and business expenses 
 incurred by state patrol troopers, corporals and sergeants in 
 the performance of their assigned duties in their patrol areas; 
 business expenses include, but are not limited to:  uniform 
 costs, home garaging of squad cars and maintenance of home 
 office. 

    Subd. 3. Repealed, 1982 c 568 s 13 

    Subd. 3a.  Repealed, 1977 c 452 s 36 

    Subd. 4.  Repealed, 1977 c 455 s 95 

    Subd. 5.    Fines and forfeited bail money.  (a) All 
 fines and forfeited bail money, from traffic and motor vehicle 
 law violations, collected from persons apprehended or arrested 
 by officers of the state patrol, shall be paid by the person or 
 officer collecting the fines, forfeited bail money or 
 installments thereof, on or before the tenth day after the last 
 day of the month in which these moneys were collected, to the 
 county treasurer of the county where the violation occurred.  
 Three-eighths of these receipts shall be credited to the general 
 revenue fund of the county, except that in a county in a 
 judicial district under section 480.181, subdivision 1, 
 paragraph (b), as added in Laws 1999, chapter 216, article 7, 
 section 26, this three-eighths share must be transmitted to the 
 state treasurer for deposit in the state treasury and credited 
 to the general fund.  The other five-eighths of these receipts 
 shall be transmitted by that officer to the state treasurer and 
 shall be credited as follows: 

    (1) In the fiscal year ending June 30, 1991, the first 
 $275,000 in money received by the state treasurer after June 4, 
 1991, must be credited to the transportation services fund, and 
 the remainder in the fiscal year credited to the trunk highway 
 fund. 

    (2) In fiscal year 1992, the first $215,000 in money 
 received by the state treasurer in the fiscal year must be 
 credited to the transportation services fund, and the remainder 
 credited to the trunk highway fund. 

    (3) In fiscal years 1993 and subsequent years, the entire 
 amount received by the state treasurer must be credited to the 
 trunk highway fund.  If, however, the violation occurs within a 
 municipality and the city attorney prosecutes the offense, and a 
 plea of not guilty is entered, one-third of the receipts shall 
 be credited to the general revenue fund of the county, one-third 
 of the receipts shall be paid to the municipality prosecuting 
 the offense, and one-third shall be transmitted to the state 
 treasurer as provided in this subdivision.  All costs of 
 participation in a nationwide police communication system 
 chargeable to the state of Minnesota shall be paid from 
 appropriations for that purpose. 

    (b) Notwithstanding any other provisions of law, all fines 
 and forfeited bail money from violations of statutes governing 
 the maximum weight of motor vehicles, collected from persons 
 apprehended or arrested by employees of the state of Minnesota, 
 by means of stationary or portable scales operated by these 
 employees, shall be paid by the person or officer collecting the 
 fines or forfeited bail money, on or before the tenth day after 
 the last day of the month in which the collections were made, to 
 the county treasurer of the county where the violation 
 occurred.  Five-eighths of these receipts shall be transmitted 
 by that officer to the state treasurer and shall be credited to 
 the highway user tax distribution fund.  Three-eighths of these 
 receipts shall be credited to the general revenue fund of the 
 county, except that in a county in a judicial district under 
 section 480.181, subdivision 1, paragraph (b), as added in Laws 
 1999, chapter 216, article 7, section 26, this three-eighths 
 share must be transmitted to the state treasurer for deposit in 
 the state treasury and credited to the general fund. 

    Subd. 6.    Training program.  The commissioner of 
 public safety may provide training programs for the purpose of 
 obtaining qualified personnel for the state patrol. Persons 
 accepted by the commissioner of public safety for training under 
 this training program shall be designated state patrol trainees 
 and shall receive a salary not to exceed 70 percent of the basic 
 salary for patrol officers as prescribed in subdivision 2, 
 during the period of the training.  Nothing contained in this 
 subdivision shall be construed to prevent the commissioner of 
 public safety from providing in-service training programs for 
 state patrol officers.  The commissioner of transportation shall 
 furnish the commissioner of public safety with lands and 
 buildings necessary in providing in-service training programs 
 and the department of public safety shall reimburse the 
 department of transportation for all reasonable costs incurred 
 due to the provision of these training facilities. 

    Subd. 7.    Discharge of trooper.  Every person employed 
 and designated as a state trooper under and pursuant to the 
 provisions of this section, after 12 months of continuous 
 employment, shall continue in service and hold the position 
 without demotion, until suspended, demoted, or discharged in the 
 manner hereinafter provided for one or more of the causes 
 specified herein. 

    Subd. 8.    Just causes for discharge.  A trooper who 
 has completed six months of continuous employment shall not be 
 suspended, demoted or discharged except for just cause.  For 
 purposes of this section, just cause includes, but is not 
 limited to:  

    (1) conviction of any criminal offense in any court of 
 competent jurisdiction subsequent to the commencement of such 
 employment; 

    (2) neglect of duty or willful violation or disobedience of 
 orders or rules; 

    (3) inefficiency in performing duties; 

    (4) immoral conduct or conduct injurious to the public 
 welfare, or conduct unbecoming an officer; or 

    (5) incapacity or partial incapacity affecting the 
 trooper's normal ability to perform official duties. 

    Subd. 9.    Charge against trooper.  (a) Charges against 
 any state trooper shall be made in writing and signed and sworn 
 to by the person making the same, which written charges shall be 
 filed with the commissioner.  Upon the filing of same, if the 
 commissioner shall be of the opinion that such charges 
 constitute a ground for suspension, demotion, or discharge, a 
 hearing shall be held on them.  The hearing shall be conducted 
 by an arbitrator selected by the parties from a list of five 
 arbitrators provided by the bureau of mediation services.  At 
 least 30 days before the time appointed for the hearing, written 
 notice specifying the charges filed and stating the name of the 
 person making the charges, shall be served on the employee 
 personally or by leaving a copy thereof at the employee's usual 
 place of abode with some person of suitable age and discretion 
 then residing therein.  If the commissioner orders a hearing the 
 commissioner may suspend such employee before the hearing. 

    (b) Members of the state patrol shall have the option of 
 utilizing either the contractual grievance procedure or the 
 legal remedies of this section, but in no event both.  

    (c) The commissioner, after having been informed by the 
 exclusive representative that the employee against whom charges 
 have been filed desires to utilize the grievance procedure of 
 the labor agreement, may immediately suspend, demote or 
 discharge the employee without the hearing required by clause 
 (a). 

    Subd. 10.    Hearing on charges, decision, punishment.  
 The arbitrator may compel the attendance of witnesses at the 
 hearing and examine them under oath, and may require the 
 production of books, papers, and other evidence at the hearing, 
 and for that purpose may issue subpoenas and cause them to be 
 served and executed in any part of the state.  The employee 
 accused is entitled to be confronted with the witnesses against 
 the employee and may cross-examine them and may introduce at the 
 hearing testimony in the employee's own behalf, and to be 
 represented by counsel at the hearing. 

    Subd. 11.    Review of arbitration award.  Any state 
 trooper who is so suspended, demoted, or dismissed may have the 
 decision or determination of the arbitrator reviewed pursuant to 
 the Uniform Arbitrator Act in the district court of the county 
 where the trooper resides.  If the decision or determination of 
 the arbitrator is finally rejected or modified by the court, the 
 trooper shall be reinstated in the position, and the 
 commissioner shall pay to the trooper so suspended out of the 
 funds of the state the salary or wages withheld pending the 
 determination of the charges or as may be directed by the court. 

    Subd. 12.    Applicability.  Subdivisions 5 to 12 shall 
 apply to all persons employed and designated under and pursuant 
 to this section, except the chief supervisor and chief assistant 
 supervisor of the state patrol.  If the chief supervisor or the 
 chief assistant supervisor is removed for other than cause as 
 defined herein the chief or assistant supervisor shall be 
 reinstated to the position held in the patrol prior to being 
 promoted to the position of chief supervisor or chief assistant 
 supervisor. 

    Upon the effective date of Laws 1969, chapter 1129, the 
 individual occupying the position of chief assistant supervisor 
 of the state patrol shall retain such position for a period of 
 at least 12 months, or until removed for cause. 

    HIST: (2554) 1929 c 355 s 1; 1931 c 44 s 1; 1935 c 304 s 1; 
 1937 c 30 s 1; 1939 c 400 s 1; 1941 c 175 s 1; 1943 c 623 s 1; 
 1945 c 422 s 1; 1945 c 516 s 1; 1947 c 562 s 1; 1951 c 554 s 
 1,2; 1955 c 593 s 1; 1955 c 667 s 1; 1957 c 824 s 1,3; 1957 c 
 838 s 1; 1959 c 419 s 1; 1959 c 500 art 2 s 47; 1959 c 603 s 
 1,2; Ex1959 c 54 s 1; 1961 c 448 s 1,2; 1963 c 458 s 3; 1963 c 
 884 s 8 subds 1,2; 1965 c 863 s 8 subds 1,3; 1967 c 62 s 1; 1967 
 c 86 s 1; 1967 c 419 s 1,2; 1969 c 399 s 1; 1969 c 580 s 1; 1969 
 c 758 s 1; 1969 c 865 s 1,2; 1969 c 1129 art 1 s 5-10; 1971 c 25 
 s 102; 1971 c 435 s 1; 1971 c 540 s 1; Ex1971 c 32 s 29; 1973 c 
 35 s 47,48; 1973 c 492 s 14; 1973 c 653 s 23; 1973 c 734 s 1; 
 1974 c 271 s 1; 1974 c 462 s 1; 1975 c 204 s 79; 1975 c 431 s 
 22,23; 1976 c 163 s 60; 1976 c 166 s 7; 1977 c 403 s 8; 1977 c 
 452 s 32,33; 1977 c 454 s 28; 1978 c 487 s 1; 1978 c 793 s 71; 
 1979 c 332 art 1 s 79-81; 1980 c 614 s 133; 1981 c 37 s 2; 1981 
 c 363 s 49; 1982 c 568 s 5; 1982 c 617 s 22; 1983 c 177 s 3; 
 1983 c 247 s 130; 1983 c 293 s 93-96; 1984 c 387 s 1; 1984 c 654 
 art 3 s 83; 1985 c 248 s 70; 1Sp1985 c 17 s 12; 1986 c 444; 1989 
 c 311 s 1; 1989 c 335 art 1 s 191; 1991 c 298 art 5 s 5; 1991 c 
 326 s 16; 1993 c 326 art 7 s 8; 1994 c 465 art 3 s 3; 1999 c 243 
 art 11 s 4 

*   NOTE:  The amendment to subdivision 5 by Laws 1999, chapter 
*243, article 11, section 4, is effective July 1, 2000, with 
*respect to counties in the fifth, seventh, and ninth judicial 
*districts.  Laws 1999, chapter 243, article 11, section 13.

     299D.04 Nationwide police communication system. 

    The commissioner of public safety may enter into the 
 necessary agreements and purchase the necessary equipment for 
 participation in a nationwide police communication system.  All 
 costs of participation in such system by the state patrol 
 chargeable to the state of Minnesota shall be paid from the fund 
 in the state treasury credited with fines and forfeited bail 
 money. 

    HIST: 1959 c 500 art 2 s 48; 1969 c 1129 art 1 s 11; 1976 c 
 163 s 61; 1981 c 37 s 2 

     299D.05 Radio repeater station in Wisconsin.  

    Subdivision 1.    Authority to acquire site.  The 
 commissioner is authorized to acquire by gift or purchase for 
 trunk highway uses and purposes such land in the state of 
 Wisconsin as is determined necessary for use as a site for and 
 to construct, operate, and maintain thereon a radio repeater 
 station to be used in connection with the Minnesota statewide 
 two-way radio system operated by the Minnesota state patrol.  

    Subd. 2.    Payment of tax and assessment.  The 
 commissioner may in connection with the maintenance, operation, 
 and use of the radio repeater station as provided herein pay any 
 and all taxes or special assessments, if any, that may be 
 assessed against said property by the state of Wisconsin or its 
 political subdivisions or taxing districts.  

    Subd. 3.    Cost paid out of trunk highway fund.  The 
 cost of the land acquisition, the construction, operation, and 
 maintenance of the radio repeater station provided for herein 
 shall be paid out of the trunk highway fund.  

    HIST: 1959 c 500 art 2 s 49; 1981 c 37 s 2; 1986 c 444 

     299D.06 Patrol employees who are not troopers. 

    (a) Department personnel must be classified employees 
 assigned to the division of state patrol if they are employed to 
 enforce: 

    (1) laws relating to motor vehicle equipment; school bus 
 equipment; drivers' licenses; motor vehicle registration; motor 
 vehicle size and weight; motor carrier insurance, registration, 
 and safety; and motor vehicle petroleum taxes; 

    (2) pollution control agency rules relating to motor 
 vehicle noise abatement; and 

    (3) laws relating to directing the movement of vehicles.  

    (b) Employees engaged in these duties, while actually on 
 the job during their working hours only, shall have power to: 

    (1) issue citations in lieu of arrest and continued 
 detention; and 

    (2) prepare notices to appear in court for violation of 
 these laws and rules, in the manner provided in section 169.91, 
 subdivision 3. 

 They shall not be armed and, except as provided in this section, 
 shall have none of the other powers and privileges reserved to 
 peace officers including the power to enforce traffic laws and 
 regulations. 

    HIST: 1975 c 204 s 80; 1980 c 614 s 123; 1981 c 37 s 2; 1985 c 
 248 s 70; 1993 c 326 art 7 s 9; 1997 c 230 s 22 

     299D.07 Helicopter, fixed wing aircraft. 

    The commissioner of public safety is hereby authorized to 
 retain, acquire, maintain and operate helicopters and fixed wing 
 aircraft for the purposes of the highway patrol and the bureau 
 of criminal apprehension and for any other law enforcement 
 purpose that the commissioner determines is appropriate.  The 
 commissioner also is authorized to employ state patrol officer 
 pilots as required. 

    HIST: 1976 c 281 s 5; 1981 c 37 s 2; 1994 c 636 art 4 s 27; 
 1997 c 239 art 8 s 18 

     299D.08 Traffic citation quota prohibited. 

    The state patrol shall not order, mandate, require, or 
 suggest to a patrol trooper that the patrol trooper issue a 
 certain number of traffic citations on a daily, weekly, monthly, 
 quarterly, or yearly quota basis. 

    HIST: 1986 c 474 s 2 

     299D.09 Escort service; appropriation; receipts. 

    Fees charged for escort services provided by the state 
 patrol are annually appropriated to the commissioner of public 
 safety to administer and provide these services.  

    HIST: 1989 c 311 s 2 

  299D.10 Repealed, 1997 c 159 art 2 s 53