2006 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.
History: 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.
History: 1969 c 1129 art 1 s 13; 1976 c 166 s 7

299D.03 STATE PATROL.
    Subdivision 1. Members, powers, and duties. (a) 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.
(b) 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 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 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.
(c) 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.
(d) 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. (a) Each employee other than the chief supervisor,
lieutenant colonel, majors, captains, corporals, and sergeants hereinafter designated shall be
known as patrol troopers.
(b) 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.
(c) 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. Traffic 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),
this three-eighths share must be transmitted to the commissioner of finance 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 commissioner of finance and must be credited as follows: (1) the
first $600,000 in each fiscal year must be credited to the Minnesota grade crossing safety account
in the special revenue fund, and (2) remaining receipts 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 commissioner of finance 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 commissioner of finance
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), this three-eighths share must be transmitted
to the commissioner of finance 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 paragraph (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.
History: (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; 1Sp2001 c 5 art 5 s 9; 2003 c 112 art 2 s 38; 2005 c 10 art 2 s 4; 1Sp2005 c 6 art 3 s 88

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.
History: 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.
History: 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.
(c) 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.
History: 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 State 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.
History: 1976 c 281 s 5; 1981 c 37 s 2; 1994 c 636 art 4 s 27; 1997 c 239 art 8 s 18;
2005 c 10 art 1 s 62

299D.08 TRAFFIC CITATION QUOTA PROHIBITED.
The State Patrol or a law enforcement agency shall not order, mandate, require, or suggest
to a patrol trooper, commercial vehicle inspector, or law compliance representative that the
patrol trooper, inspector, or representative issue a certain number of traffic citations on a daily,
weekly, monthly, quarterly, or yearly quota basis.
History: 1986 c 474 s 2; 2005 c 46 s 1

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.
History: 1989 c 311 s 2

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