Bill Text: MN SF1283 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: State Capitol area security advisory committee creation; state patrol protection to government officials authorization
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-20 - HF substituted on General Orders HF1607 [SF1283 Detail]
Download: Minnesota-2011-SF1283-Engrossed.html
1.2relating to the State Capitol; creating an advisory committee on Capitol Area
1.3Security; authorizing the State Patrol to provide security and protection to certain
1.4government officials; amending Minnesota Statutes 2010, section 299D.03,
1.5subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 299E.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 299D.03, subdivision 1, is amended to
1.8read:
1.9 Subdivision 1. Members, powers, and duties. (a) The commissioner is hereby
1.10authorized to employ and designate a chief supervisor, a chief assistant supervisor, and
1.11such assistant supervisors, sergeants and officers as are provided by law, who shall
1.12comprise the Minnesota State Patrol.
1.13 (b) The members of the Minnesota State Patrol shall have the power and authority:
1.14 (1) as peace officers to enforce the provisions of the law relating to the protection of
1.15and use of trunk highways;
1.16 (2) at all times to direct all traffic on trunk highways in conformance with law, and in
1.17the event of a fire or other emergency, or to expedite traffic or to insure safety, to direct
1.18traffic on other roads as conditions may require notwithstanding the provisions of law;
1.19 (3) to serve search warrants related to criminal motor vehicle and traffic violations
1.20and arrest warrants, and legal documents anywhere in the state;
1.21 (4) to serve orders of the commissioner of public safety or the commissioner's duly
1.22authorized agents issued under the provisions of the Driver's License Law, the Safety
1.23Responsibility Act, or relating to authorized brake- and light-testing stations, anywhere
1.24in the state and to take possession of any license, permit, or certificate ordered to be
1.25surrendered;
2.1 (5) to inspect official brake and light adjusting stations;
2.2 (6) to make appearances anywhere within the state for the purpose of conducting
2.3traffic safety educational programs and school bus clinics;
2.4 (7) to exercise upon all trunk highways the same powers with respect to the
2.5enforcement of laws relating to crimes, as sheriffs and police officers;
2.6 (8) to cooperate, under instructions and rules of the commissioner of public
2.7safety, with all sheriffs and other police officers anywhere in the state, provided that
2.8said employees shall have no power or authority in connection with strikes or industrial
2.9disputes;
2.10 (9) to assist and aid any peace officer whose life or safety is in jeopardy;
2.11 (10) as peace officers to provide security and protection to the governor, governor
2.12elect, either or both houses of the legislature, and state buildings or property in the manner
2.13and to the extent determined to be necessary after consultation with the governor, or a
2.14designee. Pursuant to this clause, members of the State Patrol, acting as peace officers
2.15have the same powers with respect to the enforcement of laws relating to crimes, as
2.16sheriffs and police officers have within their respective jurisdictions;
2.17 (11) to inspect school buses anywhere in the state for the purposes of determining
2.18compliance with vehicle equipment, pollution control, and registration requirements;
2.19 (12) as peace officers to make arrests for public offenses committed in their presence
2.20anywhere within the state. Persons arrested for violations other than traffic violations
2.21shall be referred forthwith to the appropriate local law enforcement agency for further
2.22investigation or disposition; and
2.23 (13) to enforce the North American uniform out-of-service criteria and issue
2.24out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5.
2.25 (c) After consultation with the governor or a designee, the commissioner may require
2.26the State Patrol to provide security and protection to Supreme Court justices, legislators,
2.27and constitutional officers other than the governor, for a limited period and within the
2.28limits of existing resources, in response to a credible threat on the individual's life or safety.
2.29(d) The state may contract for State Patrol members to render the services described
2.30in this section in excess of their regularly scheduled duty hours and patrol members
2.31rendering such services shall be compensated in such amounts, manner and under such
2.32conditions as the agreement provides.
2.33(d) (e) Employees thus employed and designated shall subscribe an oath.
2.34EFFECTIVE DATE.This section is effective the day following final enactment.
2.35 Sec. 2. [299E.04] ADVISORY COMMITTEE ON CAPITOL AREA SECURITY.
3.1 Subdivision 1. Membership and terms. The advisory committee on Capitol Area
3.2Security shall consist of six members, appointed as follows:
3.3(1) the lieutenant governor;
3.4(2) two senators, including one member from the majority party and one member
3.5from the minority party, appointed by the Subcommittee on Committees of the Committee
3.6on Rules and Administration of the senate;
3.7(3) two members of the house of representatives, including one member appointed
3.8by the speaker of the house and one member appointed by the minority leader; and
3.9(4) the chief justice of the Minnesota Supreme Court or the designee of the chief
3.10justice.
3.11A member may be removed by the appointing authority at any time at the pleasure
3.12of the appointing authority.
3.13 Subd. 2. Duties. (a) The advisory committee shall meet at least quarterly to assess
3.14current safety and security risks in the Capitol Area, as defined by section 15B.02, and
3.15discuss developments that might affect those risks in the future. The committee shall
3.16provide advice and recommendations to the governor and legislature regarding security
3.17priorities, strategies for addressing these priorities, and recommendations for funding to
3.18implement the strategies. In performing its duties under this section, the committee shall
3.19consult with the commissioners of administration and public safety, the Capitol Area
3.20Architectural and Planning Board, and the sergeants-at-arms of the senate and house
3.21of representatives.
3.22(b) The committee shall report to the governor, the chairs and ranking minority
3.23members of the legislative committees with jurisdiction over the Capitol Area
3.24Architectural and Planning Board and the Department of Public Safety, and chief
3.25justice of the Supreme Court by January 15 of each year. This report shall provide a
3.26general assessment of the status of security in the Capitol Area, describe improvements
3.27implemented, and recommend future improvements. As appropriate, the committee shall
3.28offer recommendations for capital or operating expenditures, statutory changes, or other
3.29changes in security-related policies or practices. The report shall include draft legislation
3.30to implement any recommended changes in law. Spending recommendations shall be
3.31made in a timely manner to ensure that they can be considered as part of the state's capital
3.32and operating budget processes.
3.33 Subd. 3. Administrative provisions. (a) The lieutenant governor shall serve as the
3.34chair of the committee. The committee may elect a vice-chair to convene and conduct
3.35meetings when the lieutenant governor is not available.
3.36(b) Meetings of the committee shall be subject to chapter 13D.
4.1(c) Administrative support for the committee shall be provided by the commissioners
4.2of administration and public safety and the sergeants-at-arms of the senate and house
4.3of representatives.
4.4(d) The committee shall seek advice from at least one person with experience
4.5designating and implementing security for a public college or university campus, at least
4.6one person with experience designating and implementing security for courts, and at least
4.7one person with experience designating and implementing security for a private Minnesota
4.8company. Data exchanged with individuals under this paragraph is not public data.
4.9 Subd. 4. Data practices. (a) The committee is subject to the Government Data
4.10Practices Act, chapter 13. The committee may request access to nonpublic data, as defined
4.11in section 13.02, subdivision 9, as necessary to fulfill its responsibilities under this section.
4.12A government entity receiving a request under this subdivision must provide nonpublic
4.13data requested by the committee if the government entity reasonably determines that the
4.14data requested are relevant to the committee's responsibilities under this section.
4.15(b) Paragraph (a) must not be construed to give the committee access to data
4.16classified under section 13.87, subdivision 2, or data on persons who provide the notice
4.17described in section 609.66, subdivision 1g, paragraph (b), clause (2).
4.18 Subd. 5. Expiration. Notwithstanding section 15.059, subdivision 5, the advisory
4.19committee on Capitol Area Security expires June 30, 2022.
4.20EFFECTIVE DATE.This section is effective the day following final enactment.
4.21 Sec. 3. ORGANIZATIONAL DEADLINES.
4.22The appointing authorities for the advisory committee on Capitol Area Security
4.23shall complete their initial appointments by July 30, 2012. The lieutenant governor shall
4.24convene the first meeting of the committee within 30 days after the initial appointments
4.25are completed.
1.3Security; authorizing the State Patrol to provide security and protection to certain
1.4government officials; amending Minnesota Statutes 2010, section 299D.03,
1.5subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 299E.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 299D.03, subdivision 1, is amended to
1.8read:
1.9 Subdivision 1. Members, powers, and duties. (a) The commissioner is hereby
1.10authorized to employ and designate a chief supervisor, a chief assistant supervisor, and
1.11such assistant supervisors, sergeants and officers as are provided by law, who shall
1.12comprise the Minnesota State Patrol.
1.13 (b) The members of the Minnesota State Patrol shall have the power and authority:
1.14 (1) as peace officers to enforce the provisions of the law relating to the protection of
1.15and use of trunk highways;
1.16 (2) at all times to direct all traffic on trunk highways in conformance with law, and in
1.17the event of a fire or other emergency, or to expedite traffic or to insure safety, to direct
1.18traffic on other roads as conditions may require notwithstanding the provisions of law;
1.19 (3) to serve search warrants related to criminal motor vehicle and traffic violations
1.20and arrest warrants, and legal documents anywhere in the state;
1.21 (4) to serve orders of the commissioner of public safety or the commissioner's duly
1.22authorized agents issued under the provisions of the Driver's License Law, the Safety
1.23Responsibility Act, or relating to authorized brake- and light-testing stations, anywhere
1.24in the state and to take possession of any license, permit, or certificate ordered to be
1.25surrendered;
2.1 (5) to inspect official brake and light adjusting stations;
2.2 (6) to make appearances anywhere within the state for the purpose of conducting
2.3traffic safety educational programs and school bus clinics;
2.4 (7) to exercise upon all trunk highways the same powers with respect to the
2.5enforcement of laws relating to crimes, as sheriffs and police officers;
2.6 (8) to cooperate, under instructions and rules of the commissioner of public
2.7safety, with all sheriffs and other police officers anywhere in the state, provided that
2.8said employees shall have no power or authority in connection with strikes or industrial
2.9disputes;
2.10 (9) to assist and aid any peace officer whose life or safety is in jeopardy;
2.11 (10) as peace officers to provide security and protection to the governor, governor
2.12elect, either or both houses of the legislature, and state buildings or property in the manner
2.13and to the extent determined to be necessary after consultation with the governor, or a
2.14designee. Pursuant to this clause, members of the State Patrol, acting as peace officers
2.15have the same powers with respect to the enforcement of laws relating to crimes, as
2.16sheriffs and police officers have within their respective jurisdictions;
2.17 (11) to inspect school buses anywhere in the state for the purposes of determining
2.18compliance with vehicle equipment, pollution control, and registration requirements;
2.19 (12) as peace officers to make arrests for public offenses committed in their presence
2.20anywhere within the state. Persons arrested for violations other than traffic violations
2.21shall be referred forthwith to the appropriate local law enforcement agency for further
2.22investigation or disposition; and
2.23 (13) to enforce the North American uniform out-of-service criteria and issue
2.24out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5.
2.25 (c) After consultation with the governor or a designee, the commissioner may require
2.26the State Patrol to provide security and protection to Supreme Court justices, legislators,
2.27and constitutional officers other than the governor, for a limited period and within the
2.28limits of existing resources, in response to a credible threat on the individual's life or safety.
2.29(d) The state may contract for State Patrol members to render the services described
2.30in this section in excess of their regularly scheduled duty hours and patrol members
2.31rendering such services shall be compensated in such amounts, manner and under such
2.32conditions as the agreement provides.
2.33
2.34EFFECTIVE DATE.This section is effective the day following final enactment.
2.35 Sec. 2. [299E.04] ADVISORY COMMITTEE ON CAPITOL AREA SECURITY.
3.1 Subdivision 1. Membership and terms. The advisory committee on Capitol Area
3.2Security shall consist of six members, appointed as follows:
3.3(1) the lieutenant governor;
3.4(2) two senators, including one member from the majority party and one member
3.5from the minority party, appointed by the Subcommittee on Committees of the Committee
3.6on Rules and Administration of the senate;
3.7(3) two members of the house of representatives, including one member appointed
3.8by the speaker of the house and one member appointed by the minority leader; and
3.9(4) the chief justice of the Minnesota Supreme Court or the designee of the chief
3.10justice.
3.11A member may be removed by the appointing authority at any time at the pleasure
3.12of the appointing authority.
3.13 Subd. 2. Duties. (a) The advisory committee shall meet at least quarterly to assess
3.14current safety and security risks in the Capitol Area, as defined by section 15B.02, and
3.15discuss developments that might affect those risks in the future. The committee shall
3.16provide advice and recommendations to the governor and legislature regarding security
3.17priorities, strategies for addressing these priorities, and recommendations for funding to
3.18implement the strategies. In performing its duties under this section, the committee shall
3.19consult with the commissioners of administration and public safety, the Capitol Area
3.20Architectural and Planning Board, and the sergeants-at-arms of the senate and house
3.21of representatives.
3.22(b) The committee shall report to the governor, the chairs and ranking minority
3.23members of the legislative committees with jurisdiction over the Capitol Area
3.24Architectural and Planning Board and the Department of Public Safety, and chief
3.25justice of the Supreme Court by January 15 of each year. This report shall provide a
3.26general assessment of the status of security in the Capitol Area, describe improvements
3.27implemented, and recommend future improvements. As appropriate, the committee shall
3.28offer recommendations for capital or operating expenditures, statutory changes, or other
3.29changes in security-related policies or practices. The report shall include draft legislation
3.30to implement any recommended changes in law. Spending recommendations shall be
3.31made in a timely manner to ensure that they can be considered as part of the state's capital
3.32and operating budget processes.
3.33 Subd. 3. Administrative provisions. (a) The lieutenant governor shall serve as the
3.34chair of the committee. The committee may elect a vice-chair to convene and conduct
3.35meetings when the lieutenant governor is not available.
3.36(b) Meetings of the committee shall be subject to chapter 13D.
4.1(c) Administrative support for the committee shall be provided by the commissioners
4.2of administration and public safety and the sergeants-at-arms of the senate and house
4.3of representatives.
4.4(d) The committee shall seek advice from at least one person with experience
4.5designating and implementing security for a public college or university campus, at least
4.6one person with experience designating and implementing security for courts, and at least
4.7one person with experience designating and implementing security for a private Minnesota
4.8company. Data exchanged with individuals under this paragraph is not public data.
4.9 Subd. 4. Data practices. (a) The committee is subject to the Government Data
4.10Practices Act, chapter 13. The committee may request access to nonpublic data, as defined
4.11in section 13.02, subdivision 9, as necessary to fulfill its responsibilities under this section.
4.12A government entity receiving a request under this subdivision must provide nonpublic
4.13data requested by the committee if the government entity reasonably determines that the
4.14data requested are relevant to the committee's responsibilities under this section.
4.15(b) Paragraph (a) must not be construed to give the committee access to data
4.16classified under section 13.87, subdivision 2, or data on persons who provide the notice
4.17described in section 609.66, subdivision 1g, paragraph (b), clause (2).
4.18 Subd. 5. Expiration. Notwithstanding section 15.059, subdivision 5, the advisory
4.19committee on Capitol Area Security expires June 30, 2022.
4.20EFFECTIVE DATE.This section is effective the day following final enactment.
4.21 Sec. 3. ORGANIZATIONAL DEADLINES.
4.22The appointing authorities for the advisory committee on Capitol Area Security
4.23shall complete their initial appointments by July 30, 2012. The lieutenant governor shall
4.24convene the first meeting of the committee within 30 days after the initial appointments
4.25are completed.
