1.1Senator Latz moved to amend
S.F. No. 856 as follows (...):
1.2Page 6, line 5, after "
to" insert "
the Office of Inspector General Anti-Fraud and Waste
1.3Bureau under section 15D.041,"
1.4Page 8, after line 5, insert:
1.5 "Sec. 7.
[15D.041] LAW ENFORCEMENT POWERS.
1.6 Subdivision 1. Authorization. (a) The inspector general may appoint peace officers, as
1.7defined in section
626.84, subdivision 1, paragraph (c), and establish a law enforcement
1.8agency, as defined in section
626.84, subdivision 1, paragraph (f), known as the Office of
1.9the Inspector General Anti-Fraud and Waste Bureau, to conduct statewide investigations,
1.10and to make statewide arrests under sections
629.30 and
629.34. The primary jurisdiction
1.11of the agency is limited to offenses involving fraud, abuse, and any other criminal
conduct
1.12within the jurisdiction of the Office of the Inspector General as described in this
chapter.
1.13(b) Upon request and at the inspector general's discretion, the bureau may respond
to a
1.14law enforcement agency's request to exercise law enforcement duties in cooperation
with
1.15the law enforcement agency that has jurisdiction over the particular matter.
1.16 Subd. 2. Arrests and investigations. The initial processing of a person arrested by the
1.17bureau for an offense within its jurisdiction is the responsibility of the bureau
unless otherwise
1.18directed by the law enforcement agency with primary jurisdiction. Subsequent investigation
1.19is the responsibility of the bureau unless otherwise directed by the law enforcement
agency
1.20with primary jurisdiction. At the request of the primary jurisdiction, the bureau
may assist
1.21in a subsequent investigation being carried out by the primary jurisdiction.
1.22 Subd. 3. Policy for notice of investigations. The bureau must develop a policy for
1.23notifying the law enforcement agency with primary jurisdiction when it has initiated
1.24investigation of any person within the jurisdiction of that agency.
1.25 Subd. 4. Chief law enforcement officer. If the inspector general establishes a law
1.26enforcement agency under this section, the inspector general shall appoint a peace
officer
1.27employed full time to be the chief law enforcement officer and to be responsible for
the
1.28management of the bureau. The chief law enforcement officer shall possess the necessary
1.29police and management experience to manage a law enforcement agency. The chief law
1.30enforcement officer may appoint, discipline, and discharge all employees of the bureau.
All
1.31police managerial and supervisory personnel must be full-time employees of the bureau.
1.32Supervisory personnel must be on duty and available any time peace officers of the
bureau
1.33are on duty.
2.1 Subd. 5. Compliance; powers and duties. (a) Except as otherwise provided in this
2.2section, the bureau shall comply with all statutes and administrative rules relating
to the
2.3operation and management of a law enforcement agency.
2.4(b) The bureau has the powers and duties of a law enforcement agency as provided by
2.5law, including this section. Other powers and duties provided to the inspector general
or
2.6the Office of the Inspector General under this chapter do not apply to the bureau.
2.7 Subd. 6. Evidence, documentation, and related materials. If the bureau seeks evidence,
2.8documentation, and related materials pertinent to an investigation, and the matter
is located
2.9outside of this state, the bureau may designate representatives, including officials
of the
2.10state where the matter is located, to secure the matter or inspect the matter on its
behalf.
2.11 Subd. 7. Annual report on activities and cost-effectiveness. The bureau shall maintain
2.12records and information in order to produce an annual report of its activities as
may be
2.13prescribed by the inspector general. The inspector general shall report annually to
the chairs
2.14and ranking minority members of the house of representatives and senate committees
with
2.15jurisdiction over the inspector general as to the activities and the cost-effectiveness
of the
2.16bureau.
2.17 Subd. 8. Assignment of peace officers. Regardless of whether a law enforcement agency
2.18is established under this section, the inspector general may enter into memorandums
of
2.19understanding with chief law enforcement officers of state and local law enforcement
2.20agencies to allow peace officers from those agencies to be assigned with the Office
of the
2.21Inspector General to enforce criminal laws and investigate matters within the jurisdiction
2.22of the office. A peace officer assigned under this subdivision must be a licensed
peace
2.23officer as defined in section
626.84, subdivision 1, paragraph (c). Participating officers
2.24remain employees of the same entity that employed them before being assigned under
this
2.25subdivision. Participating officers are subject to annual performance reviews conducted
by
2.26the entity's operational supervisor. Peace officers assigned under this subdivision
have
2.27statewide jurisdiction to conduct criminal investigations and have the same powers
of arrest
2.28as those possessed by a sheriff.
2.29 Subd. 9. Data practices. The Office of the Inspector General Anti-Fraud and Waste
2.30Bureau is subject to chapter 13.
2.31EFFECTIVE DATE.This section is effective January 1, 2026."
2.32Page 10, line 1, after "
classifications" insert "
; civil investigations" and delete "
an" and
2.33insert "
a civil"
3.1Page 10, lines 3, 5, 17, 18, and 28, delete "
an" and insert "
a civil"
3.2Page 10, line 23, after "
Inactive" insert "
civil"
3.3Page 11, after line 3, insert:
3.4 "
Subd. 7. Criminal investigations. This section does not apply to criminal investigations
3.5conducted by the Office of the Inspector General Anti-Fraud and Waste Bureau under
3.6section 15D.041."
3.7Page 11, line 6, delete everything after the period
3.8Page 11, delete lines 7 and 8
3.9Page 11, line 9, delete everything before the period and insert "
The inspector general
3.10must employ and manage at least one attorney to serve as legal counsel for the office
and
3.11to advise the inspector general on all legal matters relating to the office"
3.12Page 17, after line 13, insert:
3.13 "Section 1. Minnesota Statutes 2024, section 13.82, subdivision 1, is amended to read:
3.14 Subdivision 1.
Application. This section shall apply to agencies which carry on a law
3.15enforcement function, including but not limited to municipal police departments, county
3.16sheriff departments, fire departments, the Bureau of Criminal Apprehension, the Minnesota
3.17State Patrol, the Board of Peace Officer Standards and Training, the Department of
3.18Commerce,
the Office of the Inspector General Anti-Fraud and Waste Bureau, and county
3.19human service agency client and provider fraud investigation, prevention, and control
units
3.20operated or supervised by the Department of Human Services.
3.21EFFECTIVE DATE.This section is effective January 1, 2026."
3.22Page 20, after line 25, insert:
3.23 "Sec. 7. Minnesota Statutes 2024, section 626.84, subdivision 1, is amended to read:
3.24 Subdivision 1.
Definitions. For purposes of sections
626.84 to
626.863, the following
3.25terms have the meanings given them:
3.26 (a) "Board" means the Board of Peace Officer Standards and Training.
3.27 (b) "Director" means the executive director of the board.
3.28 (c) "Peace officer" means:
4.1 (1) an employee or an elected or appointed official of a political subdivision or
law
4.2enforcement agency who is licensed by the board, charged with the prevention and detection
4.3of crime and the enforcement of the general criminal laws of the state and who has
the full
4.4power of arrest, and shall also include the Minnesota State Patrol, agents of the
Division of
4.5Alcohol and Gambling Enforcement, state conservation officers, Metropolitan Transit
police
4.6officers, Department of Corrections Fugitive Apprehension Unit officers, Department
of
4.7Commerce Fraud Bureau Unit officers,
Office of the Inspector General Anti-Fraud and
4.8Waste Bureau officers, the statewide coordinator of the Violent Crime Coordinating Council,
4.9and railroad peace officers as authorized by section
219.995 and United States Code, title
4.1049, section 28101; and
4.11 (2) a peace officer who is employed by a law enforcement agency of a federally
4.12recognized tribe, as defined in United States Code, title 25, section 450b(e), and
who is
4.13licensed by the board.
4.14 (d) "Part-time peace officer" means an individual licensed by the board whose services
4.15are utilized by law enforcement agencies no more than an average of 20 hours per week,
4.16not including time spent on call when no call to active duty is received, calculated
on an
4.17annual basis, who has either full powers of arrest or authorization to carry a firearm
while
4.18on active duty. The term shall apply even though the individual receives no compensation
4.19for time spent on active duty, and shall apply irrespective of the title conferred
upon the
4.20individual by any law enforcement agency.
4.21 (e) "Reserve officer" means an individual whose services are utilized by a law
4.22enforcement agency to provide supplementary assistance at special events, traffic
or crowd
4.23control, and administrative or clerical assistance, and shall include reserve deputies,
special
4.24deputies, mounted or unmounted patrols, and all other employees or volunteers performing
4.25reserve officer functions. A reserve officer's duties do not include enforcement of
the general
4.26criminal laws of the state, and the officer does not have full powers of arrest or
authorization
4.27to carry a firearm on duty.
4.28 (f) "Law enforcement agency" means:
4.29 (1) a unit of state or local government that is authorized by law to grant full powers
of
4.30arrest and to charge a person with the duties of preventing and detecting crime and
enforcing
4.31the general criminal laws of the state;
4.32 (2) subject to the limitations in section
626.93, a law enforcement agency of a federally
4.33recognized tribe, as defined in United States Code, title 25, section 450b(e); and
4.34 (3) subject to the limitation of section
219.995, a railroad company.
5.1 (g) "Professional peace officer education" means a postsecondary degree program, or
a
5.2nondegree program for persons who already have a college degree, that is offered by
a
5.3college or university in Minnesota, designed for persons seeking licensure as a peace
officer,
5.4and approved by the board.
5.5 (h) "Railroad peace officer" means an individual as authorized under United States
Code,
5.6title 49, section 28101:
5.7 (1) employed by a railroad for the purpose of aiding and supplementing law enforcement
5.8agencies in the protection of property owned by or in the care, custody, or control
of a
5.9railroad and to protect the persons and property of railroad passengers and employees;
and
5.10 (2) licensed by the board.
5.11EFFECTIVE DATE.This section is effective January 1, 2026."
5.12Renumber the sections in sequence and correct the internal references
5.13Amend the title accordingly
5.14The motion prevailed. #did not prevail. So the amendment was #not adopted.