1.1 	A bill for an act
1.2 	relating to public employers; modifying public
1.3 	employer reimbursement for compensation paid to
1.4 	certain firefighters and peace officers; creating a
1.5 	panel to evaluate claims; amending Minnesota Statutes
1.6 	2004, sections 214.04, subdivision 1; 299A.465,
1.7 	subdivision 4, by adding subdivisions.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 214.04,
1.10 	subdivision 1, is amended to read:
1.11 		Subdivision 1.Services provided. (a) The commissioner
1.12 	of administration with respect to the Board of Electricity~~,~~;the
1.13 	commissioner of education with respect to the Board of
1.14 	Teaching~~,~~;the commissioner of public safety with respect to the
1.15 	Board of Private Detective and Protective Agent Services, the
1.16 	panel established pursuant to section 299A.465, subdivision 7,
1.17 	and the Board of Peace Officer Standards and Training~~,~~;and the
1.18 	commissioner of revenue with respect to the Board of Assessors,
1.19 	shall provide suitable offices and other space, joint conference
1.20 	and hearing facilities, examination rooms, and the following
1.21 	administrative support services:  purchasing service, accounting
1.22 	service, advisory personnel services, consulting services
1.23 	relating to evaluation procedures and techniques, data
1.24 	processing, duplicating, mailing services, automated printing of
1.25 	license renewals, and such other similar services of a
1.26 	housekeeping nature as are generally available to other agencies
2.1 	of state government.  Investigative services shall be provided
2.2 	the boards by employees of the Office of Attorney General.  The
2.3 	commissioner of health with respect to the health-related
2.4 	licensing boards shall provide mailing and office supply
2.5 	services and may provide other facilities and services listed in
2.6 	this subdivision at a central location upon request of the
2.7 	health-related licensing boards.  The commissioner of commerce
2.8 	with respect to the remaining non-health-related licensing
2.9 	boards shall provide the above facilities and services at a
2.10 	central location for the remaining non-health-related licensing
2.11 	boards.  The legal and investigative services for the boards
2.12 	shall be provided by employees of the attorney general assigned
2.13 	to the departments servicing the boards.  Notwithstanding the
2.14 	foregoing, the attorney general shall not be precluded by this
2.15 	section from assigning other attorneys to service a board if
2.16 	necessary in order to insure competent and consistent legal
2.17 	representation.  Persons providing legal and investigative
2.18 	services shall to the extent practicable provide the services on
2.19 	a regular basis to the same board or boards.
2.20 	(b) The requirements in paragraph (a) with respect to the
2.21 	panel established in section 299A.465, subdivision 7, expire
2.22 	July 1, 2008.

2.23 	Sec. 2. Minnesota Statutes 2004, section 299A.465,
2.24 	subdivision 4, is amended to read:
2.25 		Subd. 4.Public employer reimbursement.  A public
2.26 	employer subject to this section may annually apply by August 1
2.27 	for the preceding fiscal year to the commissioner of public
2.28 	safety for reimbursement ~~to help defray a portion~~ of its costs
2.29 	of complying with this section.  The commissioner shall ~~provide~~
2.30 	~~an equal pro rata share to~~ reimburse the public employer out of
2.31 	the public safety officer's benefit account ~~based on the~~
2.32 	~~availability of funds for each eligible officer, firefighter,~~
2.33 	~~and qualifying dependents~~. ~~Individual shares must~~ Reimbursement
2.34 	must not exceed the actual costs of providing coverage under
2.35 	this section by a public employer.

2.36 	Sec. 3. Minnesota Statutes 2004, section 299A.465, is
3.1 	amended by adding a subdivision to read:
3.2 		Subd. 6.Determination of scope and duties. (a) Whenever
3.3 	a peace officer or firefighter has been approved to receive a
3.4 	duty-related disability pension, the officer or firefighter may
3.5 	apply to the panel established in subdivision 7 for a
3.6 	determination of whether or not the officer or firefighter meets
3.7 	the requirements in subdivision 1, paragraph (a), clause (2).
3.8 	In making this decision, the panel shall determine whether or
3.9 	not the officer's or firefighter's occupational duties or
3.10 	professional responsibilities put the officer or firefighter at
3.11 	risk for the type of illness or injury actually sustained.  A
3.12 	final determination by the panel is binding on the applicant and
3.13 	the employer, subject to any right of judicial review.
3.14 	Applications must be made within 90 days of receipt of approval
3.15 	of a duty-related pension and must be acted upon by the panel
3.16 	within 90 days of receipt.  Applications that are not acted upon
3.17 	within 90 days of receipt by the panel are approved.
3.18 	Applications and supporting documents are private data.
3.19 	(b) This subdivision expires July 1, 2008.

3.20 	Sec. 4. Minnesota Statutes 2004, section 299A.465, is
3.21 	amended by adding a subdivision to read:
3.22 		Subd. 7.Course and scope of duties panel. (a) A panel
3.23 	is established for the purpose set forth in subdivision 6,
3.24 	composed of the following seven members:
3.25 	(1) two members recommended by the Minnesota League of
3.26 	Cities or a successor;
3.27 	(2) one member recommended by the Association of Minnesota
3.28 	Counties or a successor;
3.29 	(3) two members recommended by the Minnesota Police and
3.30 	Peace Officers Association or a successor;
3.31 	(4) one member recommended by the Minnesota Professional
3.32 	Firefighters Association or a successor; and 
3.33 	(5) one nonorganizational member recommended by the six
3.34 	organizational members.
3.35 	(b) Recommendations must be forwarded to the commissioner
3.36 	of public safety who shall appoint the recommended members after
4.1 	determining that they were properly recommended.  Members shall
4.2 	serve for two years or until their successors have been seated.
4.3 	No member may serve more than three consecutive terms.
4.4 	Vacancies on the panel must be filled by recommendation by the
4.5 	organization whose representative's seat has been vacated.  A
4.6 	vacancy of the nonorganizational seat must be filled by the
4.7 	recommendation of the panel.  Vacancies may be declared by the
4.8 	panel in cases of resignation or when a member misses three or
4.9 	more consecutive meetings, or by a nominating organization when
4.10 	its nominee is no longer a member in good standing of the
4.11 	organization, an employee of the organization, or an employee of
4.12 	a member in good standing of the organization.  A member
4.13 	appointed because of a vacancy shall serve until the expiration
4.14 	of the vacated term.
4.15 	(c) Panel members shall be reimbursed for expenses related
4.16 	to their duties according to section 15.059, subdivision 3,
4.17 	paragraph (a), but shall not receive compensation or per diem
4.18 	payments.  The panel's proceedings and determinations constitute
4.19 	a quasi-judicial process and its operation must comply with
4.20 	chapter 14.  Membership on the panel does not constitute holding
4.21 	a public office and members of the panel are not required to
4.22 	take and file oaths of office or submit a public official's bond
4.23 	before serving on the panel.  No member of the panel may be
4.24 	disqualified from holding any public office or employment by
4.25 	reason of being appointed to the panel.  Members of the panel
4.26 	and staff or consultants working with the panel are covered by
4.27 	the immunity provision in section 214.34, subdivision 2.  The
4.28 	panel shall elect a chair and adopt rules of order.  The panel
4.29 	shall convene no later than July 1, 2005.
4.30 	(d) This subdivision expires July 1, 2008.

4.31 	Sec. 5. EFFECTIVE DATE.
 4.32 	Sections 1, 2, and 4 are effective the day after final
4.33 	enactment.  Section 3 is effective July 1, 2005, and applies to
4.34 	duty-related pension approvals made on or after that date.