1.1.................... moves to amend H.F. No. 1607, the first engrossment, as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2010, section 299D.03, subdivision 1, is amended to
1.4read:
1.5 Subdivision 1.
Members, powers, and duties. (a) The commissioner is hereby
1.6authorized to employ and designate a chief supervisor, a chief assistant supervisor, and
1.7such assistant supervisors, sergeants and officers as are provided by law, who shall
1.8comprise the Minnesota State Patrol.
1.9 (b) The members of the Minnesota State Patrol shall have the power and authority:
1.10 (1) as peace officers to enforce the provisions of the law relating to the protection of
1.11and use of trunk highways;
1.12 (2) at all times to direct all traffic on trunk highways in conformance with law, and in
1.13the event of a fire or other emergency, or to expedite traffic or to insure safety, to direct
1.14traffic on other roads as conditions may require notwithstanding the provisions of law;
1.15 (3) to serve search warrants related to criminal motor vehicle and traffic violations
1.16and arrest warrants, and legal documents anywhere in the state;
1.17 (4) to serve orders of the commissioner of public safety or the commissioner's duly
1.18authorized agents issued under the provisions of the Driver's License Law, the Safety
1.19Responsibility Act, or relating to authorized brake- and light-testing stations, anywhere
1.20in the state and to take possession of any license, permit, or certificate ordered to be
1.21surrendered;
1.22 (5) to inspect official brake and light adjusting stations;
1.23 (6) to make appearances anywhere within the state for the purpose of conducting
1.24traffic safety educational programs and school bus clinics;
1.25 (7) to exercise upon all trunk highways the same powers with respect to the
1.26enforcement of laws relating to crimes, as sheriffs and police officers;
2.1 (8) to cooperate, under instructions and rules of the commissioner of public
2.2safety, with all sheriffs and other police officers anywhere in the state, provided that
2.3said employees shall have no power or authority in connection with strikes or industrial
2.4disputes;
2.5 (9) to assist and aid any peace officer whose life or safety is in jeopardy;
2.6 (10) as peace officers to provide security and protection to the governor, governor
2.7elect, either or both houses of the legislature, and state buildings or property in the manner
2.8and to the extent determined to be necessary after consultation with the governor, or a
2.9designee. Pursuant to this clause, members of the State Patrol, acting as peace officers
2.10have the same powers with respect to the enforcement of laws relating to crimes, as
2.11sheriffs and police officers have within their respective jurisdictions;
2.12 (11) to inspect school buses anywhere in the state for the purposes of determining
2.13compliance with vehicle equipment, pollution control, and registration requirements;
2.14 (12) as peace officers to make arrests for public offenses committed in their presence
2.15anywhere within the state. Persons arrested for violations other than traffic violations
2.16shall be referred forthwith to the appropriate local law enforcement agency for further
2.17investigation or disposition; and
2.18 (13) to enforce the North American uniform out-of-service criteria and issue
2.19out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5.
2.20 (c)
After consultation with the governor or a designee, the commissioner may require
2.21the State Patrol to provide security and protection to Supreme Court justices, legislators,
2.22and constitutional officers other than the governor, for a limited period and within the
2.23limits of existing resources, in response to a credible threat on the individual's life or safety.
2.24(d) The state may contract for State Patrol members to render the services described
2.25in this section in excess of their regularly scheduled duty hours and patrol members
2.26rendering such services shall be compensated in such amounts, manner and under such
2.27conditions as the agreement provides.
2.28 (d) (e) Employees thus employed and designated shall subscribe an oath.
2.29EFFECTIVE DATE.This section is effective the day following final enactment.
2.30 Sec. 2.
[299E.04] ADVISORY COMMITTEE ON CAPITOL AREA SECURITY.
2.31 Subdivision 1. Membership and terms. The advisory committee on Capitol Area
2.32Security shall consist of six members, appointed as follows:
2.33(1) the lieutenant governor;
3.1(2) two senators, including one member from the majority party and one member
3.2from the minority party, appointed by the Subcommittee on Committees of the Committee
3.3on Rules and Administration of the senate;
3.4(3) two members of the house of representatives, including one member appointed
3.5by the speaker of the house and one member appointed by the minority leader; and
3.6(4) the chief justice of the Minnesota Supreme Court or the designee of the chief
3.7justice.
3.8A member may be removed by the appointing authority at any time at the pleasure
3.9of the appointing authority.
3.10 Subd. 2. Duties. (a) The advisory committee shall meet at least quarterly to assess
3.11current safety and security risks in the Capitol Area, as defined by section 15B.02, and
3.12discuss developments that might affect those risks in the future. The committee shall
3.13provide advice and recommendations to the governor and legislature regarding security
3.14priorities, strategies for addressing these priorities, and recommendations for funding to
3.15implement the strategies. In performing its duties under this section, the committee shall
3.16consult with the commissioners of administration and public safety, the Capitol Area
3.17Architectural and Planning Board, and the sergeants-at-arms of the senate and house
3.18of representatives.
3.19(b) The committee shall report to the governor, the chairs and ranking minority
3.20members of the legislative committees with jurisdiction over the Capitol Area
3.21Architectural and Planning Board and the Department of Public Safety, and chief
3.22justice of the Supreme Court by January 15 of each year. This report shall provide a
3.23general assessment of the status of security in the Capitol Area, describe improvements
3.24implemented, and recommend future improvements. As appropriate, the committee shall
3.25offer recommendations for capital or operating expenditures, statutory changes, or other
3.26changes in security-related policies or practices. The report shall include draft legislation
3.27to implement any recommended changes in law. Spending recommendations shall be
3.28made in a timely manner to ensure that they can be considered as part of the state's capital
3.29and operating budget processes.
3.30 Subd. 3. Administrative provisions. (a) The lieutenant governor shall serve as the
3.31chair of the committee. The committee may elect a vice-chair to convene and conduct
3.32meetings when the lieutenant governor is not available.
3.33(b) Meetings of the committee shall be subject to chapter 13D.
3.34(c) Administrative support for the committee shall be provided by the commissioners
3.35of administration and public safety and the sergeants-at-arms of the senate and house
3.36of representatives.
4.1(d) The committee shall seek advice from at least one person with experience
4.2designating and implementing security for a public college or university campus, at least
4.3one person with experience designating and implementing security for courts, and at least
4.4one person with experience designating and implementing security for a private Minnesota
4.5company. Data exchanged with individuals under this paragraph is not public data.
4.6 Subd. 4. Data practices. (a) The committee is subject to the Government Data
4.7Practices Act, chapter 13. The committee may request access to nonpublic data, as defined
4.8in section 13.02, subdivision 9, as necessary to fulfill its responsibilities under this section.
4.9A government entity receiving a request under this subdivision must provide nonpublic
4.10data requested by the committee if the government entity reasonably determines that the
4.11data requested are relevant to the committee's responsibilities under this section.
4.12(b) Paragraph (a) must not be construed to give the committee access to data
4.13classified under section 13.87, subdivision 2, or data on persons who provide the notice
4.14described in section 609.66, subdivision 1g, paragraph (b), clause (2).
4.15 Subd. 5. Expiration. Notwithstanding section 15.059, subdivision 5, the advisory
4.16committee on Capitol Area Security expires June 30, 2022.
4.17EFFECTIVE DATE.This section is effective the day following final enactment.
4.18 Sec. 3.
ORGANIZATIONAL DEADLINES.
4.19The appointing authorities for the advisory committee on Capitol Area Security
4.20shall complete their initial appointments by July 30, 2012. The lieutenant governor shall
4.21convene the first meeting of the committee within 30 days after the initial appointments
4.22are completed."
4.23Amend the title accordingly