Certain state officials security and protective services provision and appropriation

A bill for an act

relating to state government; providing for security and protective services of

certain state officials; requiring a report; appropriating money; amending Minnesota

Statutes 2024, sections 299D.03, subdivision 1; 299E.01, subdivisions 1, 2, 3, 4,

by adding a subdivision; proposing coding for new law in Minnesota Statutes,

chapter 299E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 299D.03, subdivision 1, is amended to read:

Subdivision 1.

Members, powers, and duties.

(a) The commissioner is hereby authorized

to employ and designate a chief supervisor, a chief assistant supervisor, and such assistant

supervisors, sergeants and officers as are provided by law, who
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shall
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comprise the Minnesota

State Patrol.

(b)
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The
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Members of the Minnesota State Patrol
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shall
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have the power and authority:

(1) as peace officers to enforce the provisions of the law relating to the protection of

and use of trunk highways;

(2) at all times to direct all traffic on trunk highways in conformance with law, and in

the event of a fire or other emergency, or to expedite traffic or to insure safety, to direct

traffic on other roads as conditions may require notwithstanding the provisions of law;

(3) to serve search warrants related to criminal motor vehicle and traffic violations and

arrest warrants, and legal documents anywhere in the state;

(4) to serve orders of the commissioner of public safety or the commissioner's duly

authorized agents issued under the provisions of the Driver's License Law, the Safety

Responsibility Act, or relating to authorized brake- and light-testing stations, anywhere in

the state and to take possession of any license, permit, or certificate ordered to be surrendered;

(5) to inspect official brake and light adjusting stations;

(6) to make appearances anywhere within the state for the purpose of conducting traffic

safety educational programs and school bus clinics;

(7) to exercise upon all trunk highways the same powers with respect to the enforcement

of laws relating to crimes, as sheriffs and police officers;

(8) to cooperate, under instructions and rules of the commissioner of public safety, with

all sheriffs and other police officers anywhere in the state, provided that said employees
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shall
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have no power or authority in connection with strikes or industrial disputes;

(9) to assist and aid any peace officer whose life or safety is in jeopardy;

(10) as peace officers to provide security and protection
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: (i)
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to the governor, governor

elect,
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either or both houses of the legislature,
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and state buildings or property in the manner

and to the extent determined to be necessary after consultation with the governor, or a

designee
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; and (ii) as provided in section 299E.10
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. Pursuant to this clause, members of the

State Patrol, acting as peace officers have the same powers with respect to the enforcement

of laws relating to crimes, as sheriffs and police officers have within their respective

jurisdictions;

(11) to inspect school buses anywhere in the state for the purposes of determining

compliance with vehicle equipment, pollution control, and registration requirements;

(12) as peace officers to make arrests for public offenses committed in their presence

anywhere within the state. Persons arrested for violations other than traffic violations
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shall
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must
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be referred
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forthwith
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immediately
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to the appropriate local law enforcement agency

for further investigation or disposition; and

(13) to enforce the North American uniform out-of-service criteria and issue

out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5.

(c) After consultation with the governor or a designee, the commissioner may require

the State Patrol to provide security and protection to supreme court justices
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, legislators,
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and

constitutional officers other than the governor, for a limited period and within the limits of

existing resources, in response to a credible threat on the individual's life or safety.

(d) The state may contract for State Patrol members to render the services described in

this section in excess of their regularly scheduled duty hours and patrol members rendering

such services
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shall
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must
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be compensated in such amounts, manner and under such conditions

as the agreement provides.

(e) Employees thus employed and designated
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shall
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must
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subscribe an oath.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 2.

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[299E.005] DEFINITIONS.

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Subdivision 1.

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Scope.

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For purposes of this chapter, the terms defined in this section have

the meanings given.

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Subd. 2.

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Commissioner.

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"Commissioner" means the commissioner of public safety.

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Subd. 3.

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Principal state official.

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"Principal state official" means a state constitutional

officer, member of the legislature, or supreme court justice.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 3.

Minnesota Statutes 2024, section 299E.01, subdivision 1, is amended to read:

Subdivision 1.

Created; director.

A
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division
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section
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in the Department of Public Safety

to be known as
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the
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Capitol
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Complex
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Security
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Division
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is created within the State Patrol.

Capitol Security
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is under the supervision and control of the director of Capitol
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complex
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security, who must be a member of the State Patrol and to whom are assigned the duties

and responsibilities described in this section. The commissioner
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of public safety
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may place

the director's position in the unclassified service if the position meets the criteria of section

43A.08, subdivision 1a
.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 4.

Minnesota Statutes 2024, section 299E.01, subdivision 2, is amended to read:

Subd. 2.

Responsibilities.

(a)
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The division
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Capitol Security
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is responsible and must

utilize state employees for
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: (1)
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security and public information services in state-owned

buildings and state leased-to-own buildings in the Capitol Area, as described in section

15B.02
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; and (2) security and personal protective services for principal state officials
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.
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It
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The

commissioner
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must provide personnel as are required by the circumstances to insure the

orderly conduct of state business and the convenience of the public. Until July 1, 2026, it

must provide emergency assistance and security escorts at any location within the Capitol

Area, as described in section
15B.02
, when requested by a state constitutional officer.

(b) As part of
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the division
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Capitol Security
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permanent staff, the director
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of Capitol

Security
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must establish the position of emergency manager that includes, at a minimum,

the following duties:

(1) oversight of the consolidation, development, and maintenance of plans and procedures

that provide continuity of security operations;

(2) the development and implementation of tenant training that addresses threats and

emergency procedures; and

(3) the development and implementation of threat and emergency exercises.

(c) The director must provide a minimum of one state trooper assigned to the Capitol

complex at all times.

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(d) Subject to available resources, the director must provide for a staffing complement

as required under section 299E.10.

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(d)
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(e)
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The director, in consultation with the advisory committee under section
299E.04
,
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shall
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must
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, at least annually, hold a meeting or meetings to discuss, among other issues,

Capitol complex security, emergency planning, public safety, and public access to the

Capitol complex. The meetings must include, at a minimum:

(1) Capitol complex tenants and state employees;

(2) nongovernmental entities, such as lobbyists, vendors, and the media; and

(3) the public and public advocacy groups.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 5.

Minnesota Statutes 2024, section 299E.01, subdivision 3, is amended to read:

Subd. 3.

Powers and duties transferred.

All powers, duties and responsibilities

heretofore assigned by law to the commissioner of administration relating to the general

function of security in Capitol complex state-owned buildings are hereby transferred to the

commissioner of public safety. The commissioner of public safety
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shall have
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has
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the final

authority regarding public safety and security in the Capitol complex. The commissioner

of administration
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shall have
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has
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the powers, duties, and responsibilities relating to the Capitol

complex of state-owned buildings as provided under chapter 16B.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 6.

Minnesota Statutes 2024, section 299E.01, subdivision 4, is amended to read:

Subd. 4.

Capitol complex.

For purposes of this section, the Capitol complex of

state-owned buildings
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shall be
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is
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as defined in chapter 15B, and acts amendatory thereof

and such other state-owned or state-leased buildings and property within the Twin Cities

metropolitan area as the governor from time to time may designate.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 7.

Minnesota Statutes 2024, section 299E.01, is amended by adding a subdivision to

read:

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Subd. 7.

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Report.

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By January 15 annually, the commissioner must submit a report on

Capitol Security to the chairs and ranking minority members of the legislative committees

with jurisdiction over state government, public safety, and transportation and to the advisory

committee on Capitol Area Security. At a minimum, the report must:

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(1) provide an overview of the activities of Capitol Security and the protective services

unit;

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(2) review performance of the protective services unit in each of the duties specified

under section 299E.10, subdivision 3;

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(3) summarize any threats and security assessments, without disclosing sensitive

information;

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(4) provide summary data for the prior year on the number of:

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(i) threat assessments performed;

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(ii) credible threats identified;

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(iii) security protection requests made; and

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(iv) changes from the preceding year in the amounts under items (i) to (iii);

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(5) provide security and protective services costs, broken down by type of activity and

any reimbursements; and

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(6) provide any recommendations for changes in security practices or state law.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 8.

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[299E.10] PROTECTIVE SERVICES.

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Subdivision 1.

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Protective services unit.

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A protective services unit is established within

Capitol Security to perform the duties specified in this section.

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Subd. 2.

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Staffing.

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The protective services unit must be under the supervision and control

of a member of the State Patrol who is a peace officer and holds a supervisory position or

rank. Within the unit, the commissioner must employ sergeants and troopers of the State

Patrol and up to two full-time equivalent positions for individuals who are not licensed as

a peace officer, as necessary to meet the requirements under this section.

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Subd. 3.

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Duties.

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(a) The commissioner must:

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(1) immediately provide security and personal protective services by peace officers for

a principal state official in response to an identified credible threat on the individual's life

or safety;

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(2) upon written or electronic request of the speaker of the house, the minority leader

of the house, majority leader of the senate, or the minority leader of the senate, provide:

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(i) security and protection to either or both houses of the legislature or for any legislative

proceeding or event, including but not limited to a meeting of the senate or house of

representatives, committee hearing, press conference, or private caucus meeting; or

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(ii) security and personal protective services by peace officers for one or more specified

members or members-elect of the legislature;

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(3) develop criteria and procedures on threat assessments and personal protection;

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(4) upon written or electronic request of the chief justice of the supreme court, provide:

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(i) security and protection to the supreme court for any proceeding or event; or

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(ii) security and personal protective services by peace officers for one or more specified

members of the supreme court;

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(5) as necessary, conduct assessments of potential threats to life or safety of a principal

state official; and

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(6) coordinate with the sergeants-at-arms of the senate and house of representatives, and

with applicable local law enforcement agencies, on security and protection at legislative

proceedings and the performance of individual protective services.

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(b) The commissioner may provide security and protective services under paragraph (a),

clauses (1) and (2), in the form and manner the commissioner deems necessary.

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(c) The criteria and procedures under paragraph (a), clause (3), must follow generally

accepted practices for protective service information gathering and evaluation and must

provide for substantial protection of due process, individual privacy, and civil liberty.

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Subd. 4.

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Agreements with local law enforcement; reimbursement.

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(a) The

commissioner may enter into an agreement or similar arrangement with a local law

enforcement agency for assistance by local peace officers to meet the security and protective

services requirements under this section.

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(b) An appropriation to the commissioner for the protective services unit or the State

Patrol, other than from the trunk highway fund, is available for reimbursement to a local

law enforcement agency for eligible costs of assistance.

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(c) The commissioner must establish a reimbursement process that minimizes submission

and implementation burdens. Eligible costs for reimbursement must include but are not

limited to time and overtime of personnel, travel expenses, equipment use, and other

documented direct costs determined by the commissioner as necessary and reasonable.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 9.
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IMPLEMENTATION; PROTECTIVE SERVICES UNIT.
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(a) The commissioner of public safety must:

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(1) make reasonable efforts to establish a reimbursement process under Minnesota

Statutes, section 299E.10, subdivision 4, within 60 days of the effective date of this section;

and

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(2) commence implementation, staff assignment, and hiring for the protective services

unit under Minnesota Statutes, section 299E.10, within 90 days of the effective date of this

section.

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(b) By September 30, 2026, and on a quarterly basis until July 1, 2027, the commissioner

of public safety must submit a status update on implementation activity for the protective

services unit under Minnesota Statutes, section 299E.10, to the chairs and ranking minority

members of the legislative committees with jurisdiction over state government, public safety,

and transportation and to the advisory committee on Capitol Area Security.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 10.
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APPROPRIATION; PROTECTIVE SERVICES UNIT.
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$3,980,000 in fiscal year 2027 is appropriated from the general fund to the commissioner

of public safety for purposes of the protective services unit under Minnesota Statutes, section

299E.10. The base is $3,250,000 in each of fiscal years 2028 and 2029.

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