Bill Text: MN SF2758 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Railroad peace officers appointment, licensing and compensation provisions
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-19 - Referred to Judiciary [SF2758 Detail]
Download: Minnesota-2013-SF2758-Introduced.html
1.2relating to crime prevention; requiring the commissioner of public safety to
1.3appoint railroad peace officers; providing for licensing and compensation of
1.4railroad peace officers; addressing civil liability issues; requiring rulemaking;
1.5amending Minnesota Statutes 2012, section 626.05, subdivision 2; Minnesota
1.6Statutes 2013 Supplement, section 626.84, subdivision 1; proposing coding for
1.7new law in Minnesota Statutes, chapter 219.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [219.995] RAILROAD PEACE OFFICERS.
1.10 Subdivision 1. Appointment. The commissioner of public safety shall appoint
1.11as railroad peace officers persons who are employed by a railroad company to aid and
1.12supplement law enforcement agencies in the protection of property owned by or in the
1.13care, custody, or control of a railroad and to protect the persons and property of railroad
1.14passengers and employees. The appointees must be licensed by the Board of Peace Officer
1.15Standards and Training.
1.16 Subd. 2. Authority of railroad peace officers. Except as otherwise provided
1.17by this section, a railroad peace officer has all powers, privileges, and immunities of
1.18a licensed peace officer in this state in connection with the prevention, investigation,
1.19arrest, or prosecution of an offense occurring on railroad property and involving injury to
1.20passengers or employees of a railroad or involving an offense against property owned by
1.21or in the care, custody, or control of a railroad. If a search warrant is obtained by a railroad
1.22peace officer, the officer shall notify the chief of police of an organized full-time police
1.23department of the municipality or, if there is no local chief of police, the sheriff or a deputy
1.24sheriff of the county in which service of the warrant is to be made, prior to execution.
2.1 Subd. 3. Licensing of railroad peace officers. The Board of Peace Officer
2.2Standards and Training shall license railroad peace officers appointed by the commissioner
2.3of public safety under subdivision 1 who meet the board's standards for peace officer
2.4licensure under chapter 626. Railroad peace officers are subject to all of the provisions
2.5applicable to peace officers under chapter 626.
2.6 Subd. 4. Revocation of appointment. The commissioner of public safety shall
2.7revoke the appointment of any railroad peace officer upon expiration, revocation, or
2.8surrender of the license issued by the Peace Officer Standards and Training Board to the
2.9officer. In addition, the commissioner may revoke the appointment of a railroad peace
2.10officer for any other reason, including, but not limited to, the conduct of the officer.
2.11 Subd. 5. Compensation; benefits; fees. (a) A railroad peace officer shall be
2.12compensated by the railroad by which the officer is employed.
2.13(b) A railroad peace officer is not entitled to receive any compensation, benefits, or
2.14other remuneration provided or required to be provided to other licensed peace officers by
2.15this state or any political subdivision or agency of this state.
2.16(c) A railroad peace officer may attend any training course offered to peace officers
2.17of this state, provided that railroad peace officers pay reasonable tuition and costs.
2.18 Subd. 6. Railroad liable for acts of peace officer within scope of employment.
2.19Subject to the privileges and immunities afforded a peace officer or an officer's employer
2.20under state or federal law, a railroad company employing a railroad peace officer in this
2.21state is liable for all acts, errors, and omissions of a railroad peace officer occurring in the
2.22course and scope of the peace officer's employment by the railroad and shall indemnify its
2.23peace officers for civil damages, penalties, or fines claimed or levied against the officer
2.24according to section 181.970. Neither this state nor any political subdivision or agency of
2.25the state is liable for any act, error, or omission of a railroad peace officer.
2.26 Subd. 7. Construction. Nothing in this section shall be construed to limit or in
2.27any way restrict the rights, powers, or privileges granted to a peace officer in this state
2.28who is not a railroad peace officer.
2.29 Sec. 2. Minnesota Statutes 2012, section 626.05, subdivision 2, is amended to read:
2.30 Subd. 2. Peace officer. The term "peace officer," as used in sections626.04 to
2.31626.17
, means a person who is licensed as a peace officer in accordance with section
2.32626.84, subdivision 1
, and who serves as a sheriff, deputy sheriff, police officer,
2.33conservation officer, agent of the Bureau of Criminal Apprehension, agent of the
2.34Division of Alcohol and Gambling Enforcement, University of Minnesota peace officer,
2.35Metropolitan Transit police officer, Minnesota Department of Corrections Fugitive
3.1Apprehension Unit member,or State Patrol trooper as authorized by section
299D.03 , or
3.2railroad peace officer as authorized by section 219.995.
3.3 Sec. 3. Minnesota Statutes 2013 Supplement, section 626.84, subdivision 1, is
3.4amended to read:
3.5 Subdivision 1. Definitions. For purposes of sections626.84 to
626.863 , the
3.6following terms have the meanings given them:
3.7 (a) "Board" means the Board of Peace Officer Standards and Training.
3.8 (b) "Director" means the executive director of the board.
3.9 (c) "Peace officer" means:
3.10 (1) an employee or an elected or appointed official of a political subdivision or
3.11law enforcement agency who is licensed by the board, charged with the prevention and
3.12detection of crime and the enforcement of the general criminal laws of the state and who
3.13has the full power of arrest, and shall also include the Minnesota State Patrol, agents of the
3.14Division of Alcohol and Gambling Enforcement, state conservation officers, Metropolitan
3.15Transit police officers, Department of Corrections Fugitive Apprehension Unit officers,
3.16and Department of Commerce Fraud Bureau Unit officers, and the statewide coordinator
3.17of the Violent Crime Coordinating Council, and railroad peace officers; and
3.18 (2) a peace officer who is employed by a law enforcement agency of a federally
3.19recognized tribe, as defined in United States Code, title 25, section 450b(e), and who
3.20is licensed by the board.
3.21 (d) "Part-time peace officer" means an individual licensed by the board whose
3.22services are utilized by law enforcement agencies no more than an average of 20 hours per
3.23week, not including time spent on call when no call to active duty is received, calculated
3.24on an annual basis, who has either full powers of arrest or authorization to carry a
3.25firearm while on active duty. The term shall apply even though the individual receives
3.26no compensation for time spent on active duty, and shall apply irrespective of the title
3.27conferred upon the individual by any law enforcement agency.
3.28 (e) "Reserve officer" means an individual whose services are utilized by a law
3.29enforcement agency to provide supplementary assistance at special events, traffic or
3.30crowd control, and administrative or clerical assistance, and shall include reserve deputies,
3.31special deputies, mounted or unmounted patrols, and all other employees or volunteers
3.32performing reserve officer functions. A reserve officer's duties do not include enforcement
3.33of the general criminal laws of the state, and the officer does not have full powers of arrest
3.34or authorization to carry a firearm on duty.
3.35 (f) "Law enforcement agency" means:
4.1 (1) a unit of state or local government that is authorized by law to grant full powers
4.2of arrest and to charge a person with the duties of preventing and detecting crime and
4.3enforcing the general criminal laws of the state;and
4.4 (2) subject to the limitations in section626.93 , a law enforcement agency of a
4.5federally recognized tribe, as defined in United States Code, title 25, section 450b(e).; and
4.6 (3) subject to the limitation of section 219.995, a railroad company.
4.7 (g) "Professional peace officer education" means a postsecondary degree program,
4.8or a nondegree program for persons who already have a college degree, that is offered by
4.9a college or university in Minnesota, designed for persons seeking licensure as a peace
4.10officer, and approved by the board.
4.11 (h) "Railroad peace officer" means an individual:
4.12 (1) employed by a railroad for the purpose of aiding and supplementing law
4.13enforcement agencies in the protection of property owned by or in the care, custody, or
4.14control of a railroad and to protect the persons and property of railroad passengers and
4.15employees;
4.16 (2) licensed by the board; and
4.17 (3) appointed by the commissioner of public safety under section 219.995.
4.18 Sec. 4. RULEMAKING AUTHORITY.
4.19By July 1, 2015, the board shall adopt rules under Minnesota Statutes, chapter 14,
4.20to provide standards for the licensing of railroad peace officers, including reciprocity
4.21provisions comparable to other full-time peace officers seeking licensure by the board.
1.3appoint railroad peace officers; providing for licensing and compensation of
1.4railroad peace officers; addressing civil liability issues; requiring rulemaking;
1.5amending Minnesota Statutes 2012, section 626.05, subdivision 2; Minnesota
1.6Statutes 2013 Supplement, section 626.84, subdivision 1; proposing coding for
1.7new law in Minnesota Statutes, chapter 219.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [219.995] RAILROAD PEACE OFFICERS.
1.10 Subdivision 1. Appointment. The commissioner of public safety shall appoint
1.11as railroad peace officers persons who are employed by a railroad company to aid and
1.12supplement law enforcement agencies in the protection of property owned by or in the
1.13care, custody, or control of a railroad and to protect the persons and property of railroad
1.14passengers and employees. The appointees must be licensed by the Board of Peace Officer
1.15Standards and Training.
1.16 Subd. 2. Authority of railroad peace officers. Except as otherwise provided
1.17by this section, a railroad peace officer has all powers, privileges, and immunities of
1.18a licensed peace officer in this state in connection with the prevention, investigation,
1.19arrest, or prosecution of an offense occurring on railroad property and involving injury to
1.20passengers or employees of a railroad or involving an offense against property owned by
1.21or in the care, custody, or control of a railroad. If a search warrant is obtained by a railroad
1.22peace officer, the officer shall notify the chief of police of an organized full-time police
1.23department of the municipality or, if there is no local chief of police, the sheriff or a deputy
1.24sheriff of the county in which service of the warrant is to be made, prior to execution.
2.1 Subd. 3. Licensing of railroad peace officers. The Board of Peace Officer
2.2Standards and Training shall license railroad peace officers appointed by the commissioner
2.3of public safety under subdivision 1 who meet the board's standards for peace officer
2.4licensure under chapter 626. Railroad peace officers are subject to all of the provisions
2.5applicable to peace officers under chapter 626.
2.6 Subd. 4. Revocation of appointment. The commissioner of public safety shall
2.7revoke the appointment of any railroad peace officer upon expiration, revocation, or
2.8surrender of the license issued by the Peace Officer Standards and Training Board to the
2.9officer. In addition, the commissioner may revoke the appointment of a railroad peace
2.10officer for any other reason, including, but not limited to, the conduct of the officer.
2.11 Subd. 5. Compensation; benefits; fees. (a) A railroad peace officer shall be
2.12compensated by the railroad by which the officer is employed.
2.13(b) A railroad peace officer is not entitled to receive any compensation, benefits, or
2.14other remuneration provided or required to be provided to other licensed peace officers by
2.15this state or any political subdivision or agency of this state.
2.16(c) A railroad peace officer may attend any training course offered to peace officers
2.17of this state, provided that railroad peace officers pay reasonable tuition and costs.
2.18 Subd. 6. Railroad liable for acts of peace officer within scope of employment.
2.19Subject to the privileges and immunities afforded a peace officer or an officer's employer
2.20under state or federal law, a railroad company employing a railroad peace officer in this
2.21state is liable for all acts, errors, and omissions of a railroad peace officer occurring in the
2.22course and scope of the peace officer's employment by the railroad and shall indemnify its
2.23peace officers for civil damages, penalties, or fines claimed or levied against the officer
2.24according to section 181.970. Neither this state nor any political subdivision or agency of
2.25the state is liable for any act, error, or omission of a railroad peace officer.
2.26 Subd. 7. Construction. Nothing in this section shall be construed to limit or in
2.27any way restrict the rights, powers, or privileges granted to a peace officer in this state
2.28who is not a railroad peace officer.
2.29 Sec. 2. Minnesota Statutes 2012, section 626.05, subdivision 2, is amended to read:
2.30 Subd. 2. Peace officer. The term "peace officer," as used in sections
2.33conservation officer, agent of the Bureau of Criminal Apprehension, agent of the
2.34Division of Alcohol and Gambling Enforcement, University of Minnesota peace officer,
2.35Metropolitan Transit police officer, Minnesota Department of Corrections Fugitive
3.1Apprehension Unit member,
3.2railroad peace officer as authorized by section 219.995.
3.3 Sec. 3. Minnesota Statutes 2013 Supplement, section 626.84, subdivision 1, is
3.4amended to read:
3.5 Subdivision 1. Definitions. For purposes of sections
3.6following terms have the meanings given them:
3.7 (a) "Board" means the Board of Peace Officer Standards and Training.
3.8 (b) "Director" means the executive director of the board.
3.9 (c) "Peace officer" means:
3.10 (1) an employee or an elected or appointed official of a political subdivision or
3.11law enforcement agency who is licensed by the board, charged with the prevention and
3.12detection of crime and the enforcement of the general criminal laws of the state and who
3.13has the full power of arrest, and shall also include the Minnesota State Patrol, agents of the
3.14Division of Alcohol and Gambling Enforcement, state conservation officers, Metropolitan
3.15Transit police officers, Department of Corrections Fugitive Apprehension Unit officers,
3.16
3.17of the Violent Crime Coordinating Council, and railroad peace officers; and
3.18 (2) a peace officer who is employed by a law enforcement agency of a federally
3.19recognized tribe, as defined in United States Code, title 25, section 450b(e), and who
3.20is licensed by the board.
3.21 (d) "Part-time peace officer" means an individual licensed by the board whose
3.22services are utilized by law enforcement agencies no more than an average of 20 hours per
3.23week, not including time spent on call when no call to active duty is received, calculated
3.24on an annual basis, who has either full powers of arrest or authorization to carry a
3.25firearm while on active duty. The term shall apply even though the individual receives
3.26no compensation for time spent on active duty, and shall apply irrespective of the title
3.27conferred upon the individual by any law enforcement agency.
3.28 (e) "Reserve officer" means an individual whose services are utilized by a law
3.29enforcement agency to provide supplementary assistance at special events, traffic or
3.30crowd control, and administrative or clerical assistance, and shall include reserve deputies,
3.31special deputies, mounted or unmounted patrols, and all other employees or volunteers
3.32performing reserve officer functions. A reserve officer's duties do not include enforcement
3.33of the general criminal laws of the state, and the officer does not have full powers of arrest
3.34or authorization to carry a firearm on duty.
3.35 (f) "Law enforcement agency" means:
4.1 (1) a unit of state or local government that is authorized by law to grant full powers
4.2of arrest and to charge a person with the duties of preventing and detecting crime and
4.3enforcing the general criminal laws of the state;
4.4 (2) subject to the limitations in section
4.5federally recognized tribe, as defined in United States Code, title 25, section 450b(e)
4.6 (3) subject to the limitation of section 219.995, a railroad company.
4.7 (g) "Professional peace officer education" means a postsecondary degree program,
4.8or a nondegree program for persons who already have a college degree, that is offered by
4.9a college or university in Minnesota, designed for persons seeking licensure as a peace
4.10officer, and approved by the board.
4.11 (h) "Railroad peace officer" means an individual:
4.12 (1) employed by a railroad for the purpose of aiding and supplementing law
4.13enforcement agencies in the protection of property owned by or in the care, custody, or
4.14control of a railroad and to protect the persons and property of railroad passengers and
4.15employees;
4.16 (2) licensed by the board; and
4.17 (3) appointed by the commissioner of public safety under section 219.995.
4.18 Sec. 4. RULEMAKING AUTHORITY.
4.19By July 1, 2015, the board shall adopt rules under Minnesota Statutes, chapter 14,
4.20to provide standards for the licensing of railroad peace officers, including reciprocity
4.21provisions comparable to other full-time peace officers seeking licensure by the board.
