1.1 	A bill for an act
1.2 	relating to public safety; crime prevention; enacting
1.3 	the Minnesota Safe and Secure Railroad Transportation
1.4 	Act of 2005; authorizing railroad company police;
1.5 	prohibiting trespassing on railroad tracks; imposing
1.6 	criminal penalties; amending Minnesota Statutes 2004,
1.7 	sections 13.82, subdivision 1; 609.85, subdivision 6;
1.8 	626.84, subdivision 1; 626.8459; proposing coding for
1.9 	new law in Minnesota Statutes, chapter 219.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. TITLE.
 1.12 	This act shall be known as the Minnesota Safe and Secure
1.13 	Railroad Transportation Act of 2005.

1.14 	EFFECTIVE DATE. This section is effective August 1, 2005.

1.15 	Sec. 2. Minnesota Statutes 2004, section 13.82,
1.16 	subdivision 1, is amended to read:
1.17 		Subdivision 1.Application.  This section shall apply to
1.18 	agencies which carry on a law enforcement function, including
1.19 	but not limited to municipal police departments, county sheriff
1.20 	departments, fire departments, the Bureau of Criminal
1.21 	Apprehension, the Minnesota State Patrol, the Board of Peace
1.22 	Officer Standards and Training, the Division of Insurance Fraud
1.23 	Prevention in the Department of Commerce, railroad companies
1.24 	that employ railroad peace officers,and the program integrity
1.25 	section of, and county human service agency client and provider
1.26 	fraud prevention and control units operated or supervised by the
1.27 	Department of Human Services.
2.1 	
EFFECTIVE DATE. This section is effective August 1, 2005.

2.2 	Sec. 3. [219.995] RAILROAD PEACE OFFICERS.
2.3 		Subdivision 1.Appointment. A railroad company may
2.4 	designate as railroad peace officers persons who are employed by
2.5 	a railroad company to aid and supplement other law enforcement
2.6 	agencies in the protection of property owned by or in the care,
2.7 	custody, or control of a railroad and to protect the persons and
2.8 	property of railroad passengers and employees.
2.9 		Subd. 2.Authority of railroad police officers. Except
2.10 	as otherwise provided by this section, a railroad peace officer
2.11 	has all powers, privileges, and immunities of a licensed peace
2.12 	officer in this state in connection with the prevention,
2.13 	investigation, arrest, or prosecution of an offense occurring on
2.14 	railroad property and involving injury to passengers or
2.15 	employees of a railroad or involving an offense against property
2.16 	owned by or in the care, custody, or control of a railroad.  A
2.17 	railroad peace officer may obtain a search warrant as provided
2.18 	in chapter 626, but the officer shall notify, prior to execution
2.19 	of the warrant, the chief law enforcement officer of the law
2.20 	enforcement agency with primary jurisdiction in the area in
2.21 	which service of the warrant is to be made.
2.22 		Subd. 3.Licensing of railroad peace officers. The Board
2.23 	of Peace Officer Standards and Training shall license railroad
2.24 	peace officers under subdivision 1 who meet the board's
2.25 	standards for peace officer licensure under chapter 626.
2.26 	Railroad peace officers are subject to all of the provisions
2.27 	applicable to peace officers under chapter 626.
2.28 		Subd. 4.Compensation; benefits; fees. (a) A railroad
2.29 	peace officer shall be compensated by the railroad by which the
2.30 	officer is employed.
2.31 	(b) A railroad peace officer is not entitled to receive any
2.32 	compensation, benefits, or other remuneration provided or
2.33 	required to be provided to other licensed peace officers by this
2.34 	state or any political subdivision or agency of this state for
2.35 	the officer's work as a railroad peace officer.
2.36 	(c) A railroad peace officer may attend any training course
3.1 	offered to peace officers of this state, provided that railroad
3.2 	peace officers pay reasonable tuition and costs.
3.3 		Subd. 5.Data privacy. Railroad peace officers and their
3.4 	employers are bound by the standards of privacy for law
3.5 	enforcement data established in section 13.82.
3.6 		Subd. 6.Railroad liable for acts of peace officer within
3.7 	scope of employment. Subject to the privileges and immunities
3.8 	afforded a peace officer or an officer's employer under state or
3.9 	federal law, a railroad company employing a railroad peace
3.10 	officer in this state is liable for all acts, errors, and
3.11 	omissions of a railroad peace officer occurring in the course
3.12 	and scope of the peace officer's employment by the railroad.
3.13 	Neither the state nor any political subdivision or agency of the
3.14 	state is liable for any act, error, or omission of a railroad
3.15 	peace officer.
3.16 		Subd. 7.Construction. Nothing in this section limits or
3.17 	in any way restricts the rights, powers, or privileges granted
3.18 	to any other peace officer in this state.
3.19 	
EFFECTIVE DATE. This section is effective August 1, 2005.

3.20 	Sec. 4. Minnesota Statutes 2004, section 609.85,
3.21 	subdivision 6, is amended to read:
3.22 		Subd. 6.allowing trespass by persons or animals on
3.23 	track. Whoever A person who trespasses, or who intentionally
3.24 	permits animals under the person's control to trespass,on a
3.25 	railroad track is guilty of a misdemeanor. This subdivision
3.26 	shall not apply to a union representative of the railroad
3.27 	employees, acting in an official capacity, or to a person with
3.28 	written permission of the railroad company to enter upon the
3.29 	railroad track.
3.30 	
EFFECTIVE DATE. This section is effective August 1, 2005,
3.31 	and applies to crimes committed on or after that date.

3.32 	Sec. 5. Minnesota Statutes 2004, section 626.84,
3.33 	subdivision 1, is amended to read:
3.34 		Subdivision 1.Definitions.  For purposes of sections
3.35 	626.84 to 626.863, the following terms have the meanings given
3.36 	them:
4.1 	(a) "Board" means the Board of Peace Officer Standards and
4.2 	Training.
4.3 	(b) "Director" means the executive director of the board.
4.4 	(c) "Peace officer" means:
4.5 	(1) an employee or an elected or appointed official of a
4.6 	political subdivision or law enforcement agency who is licensed
4.7 	by the board, charged with the prevention and detection of crime
4.8 	and the enforcement of the general criminal laws of the state
4.9 	and who has the full power of arrest, and shall also include the
4.10 	Minnesota State Patrol, agents of the Division of Alcohol and
4.11 	Gambling Enforcement, state conservation officers, Metropolitan
4.12 	Transit police officers, Department of Corrections' Fugitive
4.13 	Apprehension Unit officers, and Department of Commerce Insurance
4.14 	Fraud Unit officers; and
4.15 	(2) a peace officer who is employed by a law enforcement
4.16 	agency of a federally recognized tribe, as defined in United
4.17 	States Code, title 25, section 450b(e), and who is licensed by
4.18 	the board.
4.19 	(d) "Constable" has the meaning assigned to it in section
4.20 	367.40.
4.21 	(e) "Deputy constable" has the meaning assigned to it in
4.22 	section 367.40.
4.23 	(f) "Part-time peace officer" means an individual licensed
4.24 	by the board whose services are utilized by law enforcement
4.25 	agencies no more than an average of 20 hours per week, not
4.26 	including time spent on call when no call to active duty is
4.27 	received, calculated on an annual basis, who has either full
4.28 	powers of arrest or authorization to carry a firearm while on
4.29 	active duty.  The term shall apply even though the individual
4.30 	receives no compensation for time spent on active duty, and
4.31 	shall apply irrespective of the title conferred upon the
4.32 	individual by any law enforcement agency.  The limitation on the
4.33 	average number of hours in which the services of a part-time
4.34 	peace officer may be utilized shall not apply to a part-time
4.35 	peace officer who has formally notified the board pursuant to
4.36 	rules adopted by the board of the part-time peace officer's
5.1 	intention to pursue the specialized training for part-time peace
5.2 	officers who desire to become peace officers pursuant to
5.3 	sections 626.843, subdivision 1, clause (g), and 626.845,
5.4 	subdivision 1, clause (g).
5.5 	(g) "Reserve officer" means an individual whose services
5.6 	are utilized by a law enforcement agency to provide
5.7 	supplementary assistance at special events, traffic or crowd
5.8 	control, and administrative or clerical assistance.  A reserve
5.9 	officer's duties do not include enforcement of the general
5.10 	criminal laws of the state, and the officer does not have full
5.11 	powers of arrest or authorization to carry a firearm on duty.
5.12 	(h) "Law enforcement agency" means:
5.13 	(1) a unit of state or local government that is authorized
5.14 	by law to grant full powers of arrest and to charge a person
5.15 	with the duties of preventing and detecting crime and enforcing
5.16 	the general criminal laws of the state; and 
5.17 	(2) subject to the limitations in section 626.93, a law
5.18 	enforcement agency of a federally recognized tribe, as defined
5.19 	in United States Code, title 25, section 450b(e); and 
5.20 	(3) subject to the limitations in section 219.995, a
5.21 	railroad company.
5.22 	(i) "Professional peace officer education" means a
5.23 	postsecondary degree program, or a nondegree program for persons
5.24 	who already have a college degree, that is offered by a college
5.25 	or university in Minnesota, designed for persons seeking
5.26 	licensure as a peace officer, and approved by the board.
5.27 	(j) "Railroad peace officer" means an employee of a
5.28 	railroad company who is licensed by the board and charged with
5.29 	aiding and supplementing nonrailroad company law enforcement
5.30 	agencies in the protection of property owned by or in the care,
5.31 	custody, or control of a railroad and to protect the persons and
5.32 	property of railroad passengers and employees.
5.33 	
EFFECTIVE DATE. This section is effective August 1, 2005.

5.34 	Sec. 6. Minnesota Statutes 2004, section 626.8459, is
5.35 	amended to read:
5.36 	626.8459 POST BOARD; COMPLIANCE REVIEWS REQUIRED.
6.1 	(a) Each year, the board shall conduct compliance reviews
6.2 	on all state and local law enforcement agencies and railroad
6.3 	companies that employ railroad peace officers.  The compliance
6.4 	reviews must ensure that the agencies are complying with all
6.5 	requirements imposed on them by statute and rule.  The board
6.6 	shall include in the reports to the legislature required in
6.7 	section 626.843, subdivision 4, detailed information on the
6.8 	compliance reviews conducted under this section.  At a minimum,
6.9 	the reports must specify each requirement imposed by statute and
6.10 	rule on law enforcement agencies, the compliance rate of each
6.11 	agency, and the action taken by the board, if any, against an
6.12 	agency not in compliance.
6.13 	(b) The board may impose licensing sanctions and seek
6.14 	injunctive relief under section 214.11 for an agency's failure
6.15 	to comply with a requirement imposed on it in statute or rule.

6.16 	EFFECTIVE DATE. This section is effective August 1, 2005.