Bill Text: MN SF1283 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
1.2relating to the State Capitol; creating an advisory committee on Capitol Complex
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.
3.1 Sec. 2. [299E.04] ADVISORY COMMITTEE ON CAPITOL COMPLEX
3.2SECURITY.
3.3 Subdivision 1. Membership and terms. The advisory committee on Capitol
3.4Complex Security shall consist of 11 members, appointed as follows:
3.5(1) the lieutenant governor;
3.6(2) two senators, including one member from the majority party and one member
3.7from the minority party, appointed by the Subcommittee on Committees of the Committee
3.8on Rules and Administration of the senate;
3.9(3) two members of the house of representatives, including one member appointed
3.10by the speaker of the house and one member appointed by the minority leader;
3.11(4) the senate sergeant-at-arms;
3.12(5) the house of representatives sergeant-at-arms;
3.13(6) the chief justice of the Minnesota Supreme Court or the designee of the chief
3.14justice;
3.15(7) the commissioner of the Department of Public Safety or the commissioner's
3.16designee;
3.17(8) the commissioner of the Department of Administration or the commissioner's
3.18designee; and
3.19(9) one member of the Capitol Area Architectural and Planning Board, who shall be
3.20selected by the board, and who is not the board chair or a legislator.
3.21A member may be removed by the appointing authority at any time at the pleasure
3.22of the appointing authority.
3.23 Subd. 2. Duties. (a) The advisory committee shall meet at least quarterly to assess
3.24current safety and security risks in the Capitol Area, as defined by section 15B.02, and
3.25discuss developments that might affect those risks in the future. The committee shall
3.26provide advice and recommendations to the governor and legislature regarding security
3.27priorities, strategies for addressing these priorities, and recommendations for funding to
3.28implement the strategies.
3.29(b) The committee shall report to the governor, the chairs and ranking minority
3.30members of the legislative committees with jurisdiction over the Capitol Area
3.31Architectural and Planning Board and the Department of Public Safety, and chief
3.32justice of the Supreme Court by January 15 of each year. This report shall provide a
3.33general assessment of the status of security in the Capitol Area, describe improvements
3.34implemented, and recommend future improvements. As appropriate, the committee shall
3.35offer recommendations for capital or operating expenditures, statutory changes, or other
3.36changes in security-related policies or practices. The report shall include draft legislation
4.1to implement any recommended changes in law. Spending recommendations shall be
4.2made in a timely manner to ensure that they can be considered as part of the state's capital
4.3and operating budget processes.
4.4 Subd. 3. Administrative provisions. (a) The lieutenant governor shall serve as the
4.5chair of the committee. The committee may elect a vice-chair to convene and conduct
4.6meetings when the lieutenant governor is not available.
4.7(b) Meetings of the committee shall not be subject to chapter 13D.
4.8(c) Administrative support for the committee shall be provided by the commissioners
4.9of administration and public safety and the sergeants-at-arms of the senate and house
4.10of representatives.
4.11(d) The committee shall seek advice from at least one person with experience
4.12designating and implementing security for a public college or university campus, at least
4.13one person with experience designating and implementing security for courts, and at least
4.14one person with experience designating and implementing security for a private Minnesota
4.15company. Data exchanged with individuals under this paragraph is not public data.
4.16 Subd. 4. Data practices. (a) The committee is subject to the Government Data
4.17Practices Act, chapter 13. The committee may request access to nonpublic data, as defined
4.18in section 13.02, subdivision 9, as necessary to fulfill its responsibilities under this section.
4.19A government entity receiving a request under this subdivision must provide nonpublic
4.20data requested by the committee if the government entity reasonably determines that
4.21the data requested are relevant to the committee's responsibilities under this section.
4.22Committee members shall protect from unlawful disclosure data classified as not public.
4.23If data provided is disseminated by the committee or its members or agents in violation
4.24of section 13.05, subdivision 4, the committee is subject to liability under section 13.08,
4.25subdivisions 1 and 3.
4.26(b) Paragraph (a) must not be construed to give the committee access to data
4.27classified under section 13.87, subdivision 2, or data on persons who provide the notice
4.28described in section 609.66, subdivision 1g, paragraph (b), clause (2).
4.29 Subd. 5. Expiration. Notwithstanding section 15.059, subdivision 5, the advisory
4.30committee on Capitol Complex Security expires June 30, 2022.
4.31EFFECTIVE DATE.This section is effective the day following final enactment.
4.32 Sec. 3. ORGANIZATIONAL DEADLINES.
4.33The appointing authorities for the advisory committee on Capitol Complex Security
4.34shall complete their initial appointments by July 30, 2011. The lieutenant governor shall
5.1convene the first meeting of the committee within 30 days after the initial appointments
5.2are 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.
3.1 Sec. 2. [299E.04] ADVISORY COMMITTEE ON CAPITOL COMPLEX
3.2SECURITY.
3.3 Subdivision 1. Membership and terms. The advisory committee on Capitol
3.4Complex Security shall consist of 11 members, appointed as follows:
3.5(1) the lieutenant governor;
3.6(2) two senators, including one member from the majority party and one member
3.7from the minority party, appointed by the Subcommittee on Committees of the Committee
3.8on Rules and Administration of the senate;
3.9(3) two members of the house of representatives, including one member appointed
3.10by the speaker of the house and one member appointed by the minority leader;
3.11(4) the senate sergeant-at-arms;
3.12(5) the house of representatives sergeant-at-arms;
3.13(6) the chief justice of the Minnesota Supreme Court or the designee of the chief
3.14justice;
3.15(7) the commissioner of the Department of Public Safety or the commissioner's
3.16designee;
3.17(8) the commissioner of the Department of Administration or the commissioner's
3.18designee; and
3.19(9) one member of the Capitol Area Architectural and Planning Board, who shall be
3.20selected by the board, and who is not the board chair or a legislator.
3.21A member may be removed by the appointing authority at any time at the pleasure
3.22of the appointing authority.
3.23 Subd. 2. Duties. (a) The advisory committee shall meet at least quarterly to assess
3.24current safety and security risks in the Capitol Area, as defined by section 15B.02, and
3.25discuss developments that might affect those risks in the future. The committee shall
3.26provide advice and recommendations to the governor and legislature regarding security
3.27priorities, strategies for addressing these priorities, and recommendations for funding to
3.28implement the strategies.
3.29(b) The committee shall report to the governor, the chairs and ranking minority
3.30members of the legislative committees with jurisdiction over the Capitol Area
3.31Architectural and Planning Board and the Department of Public Safety, and chief
3.32justice of the Supreme Court by January 15 of each year. This report shall provide a
3.33general assessment of the status of security in the Capitol Area, describe improvements
3.34implemented, and recommend future improvements. As appropriate, the committee shall
3.35offer recommendations for capital or operating expenditures, statutory changes, or other
3.36changes in security-related policies or practices. The report shall include draft legislation
4.1to implement any recommended changes in law. Spending recommendations shall be
4.2made in a timely manner to ensure that they can be considered as part of the state's capital
4.3and operating budget processes.
4.4 Subd. 3. Administrative provisions. (a) The lieutenant governor shall serve as the
4.5chair of the committee. The committee may elect a vice-chair to convene and conduct
4.6meetings when the lieutenant governor is not available.
4.7(b) Meetings of the committee shall not be subject to chapter 13D.
4.8(c) Administrative support for the committee shall be provided by the commissioners
4.9of administration and public safety and the sergeants-at-arms of the senate and house
4.10of representatives.
4.11(d) The committee shall seek advice from at least one person with experience
4.12designating and implementing security for a public college or university campus, at least
4.13one person with experience designating and implementing security for courts, and at least
4.14one person with experience designating and implementing security for a private Minnesota
4.15company. Data exchanged with individuals under this paragraph is not public data.
4.16 Subd. 4. Data practices. (a) The committee is subject to the Government Data
4.17Practices Act, chapter 13. The committee may request access to nonpublic data, as defined
4.18in section 13.02, subdivision 9, as necessary to fulfill its responsibilities under this section.
4.19A government entity receiving a request under this subdivision must provide nonpublic
4.20data requested by the committee if the government entity reasonably determines that
4.21the data requested are relevant to the committee's responsibilities under this section.
4.22Committee members shall protect from unlawful disclosure data classified as not public.
4.23If data provided is disseminated by the committee or its members or agents in violation
4.24of section 13.05, subdivision 4, the committee is subject to liability under section 13.08,
4.25subdivisions 1 and 3.
4.26(b) Paragraph (a) must not be construed to give the committee access to data
4.27classified under section 13.87, subdivision 2, or data on persons who provide the notice
4.28described in section 609.66, subdivision 1g, paragraph (b), clause (2).
4.29 Subd. 5. Expiration. Notwithstanding section 15.059, subdivision 5, the advisory
4.30committee on Capitol Complex Security expires June 30, 2022.
4.31EFFECTIVE DATE.This section is effective the day following final enactment.
4.32 Sec. 3. ORGANIZATIONAL DEADLINES.
4.33The appointing authorities for the advisory committee on Capitol Complex Security
4.34shall complete their initial appointments by July 30, 2011. The lieutenant governor shall
5.1convene the first meeting of the committee within 30 days after the initial appointments
5.2are completed.
