1.1 	A bill for an act
1.2 	relating to public safety; addressing various criminal
1.3 	justice and fire safety initiatives of the Department
1.4 	of Public Safety; amending Minnesota Statutes 2004,
1.5 	sections 84.362; 259.11; 282.04, subdivision 2;
1.6 	299C.095, subdivision 1; 299C.10, subdivision 1, by
1.7 	adding a subdivision; 299C.11; 299C.14; 299C.145,
1.8 	subdivision 3; 299F.011, subdivision 7; 299F.014;
1.9 	299F.05; 299F.06, subdivision 1; 299F.19, subdivisions
1.10 	1, 2; 299F.362, subdivisions 3, 4; 326.3384,
1.11 	subdivision 1; 609.763, subdivision 3; 611A.01;
1.12 	624.22, subdivision 1; repealing Minnesota Statutes
1.13 	2004, sections 69.011, subdivision 5; 299F.011,
1.14 	subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12;
1.15 	299F.13; 299F.14; 299F.15; 299F.16; 299F.17; 299F.361;
1.16 	299F.451; 299F.452.
1.17 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.18 	ARTICLE 1
1.19 	GENERAL PROVISIONS

1.20 	Section 1. Minnesota Statutes 2004, section 259.11, is
1.21 	amended to read:
1.22 	259.11 ORDER; FILING COPIES.
1.23 	(a) Upon meeting the requirements of section 259.10, the
1.24 	court shall grant the application unless:  (1) it finds that
1.25 	there is an intent to defraud or mislead; (2) section 259.13
1.26 	prohibits granting the name change; or (3) in the case of the
1.27 	change of a minor child's name, the court finds that such name
1.28 	change is not in the best interests of the child.  The court
1.29 	shall set forth in the order the name and age of the applicant's
1.30 	spouse and each child of the applicant, if any, and shall state
1.31 	a description of the lands, if any, in which the applicant and
2.1 	the spouse and children, if any, claim to have an interest.  The
2.2 	court administrator shall file such order, and record the same
2.3 	in the judgment book.  If lands be described therein, a
2.4 	certified copy of the order shall be filed for record, by the
2.5 	applicant, with the county recorder of each county wherein any
2.6 	of the same are situated.  Before doing so the court
2.7 	administrator shall present the same to the county auditor who
2.8 	shall enter the change of name in the auditor's official records
2.9 	and note upon the instrument, over an official signature, the
2.10 	words "change of name recorded."  Any such order shall not be
2.11 	filed, nor any certified copy thereof be issued, until the
2.12 	applicant shall have paid to the county recorder and court
2.13 	administrator the fee required by law.  No application shall be
2.14 	denied on the basis of the marital status of the applicant.
2.15 	(b) When a person applies for a name change, the court
2.16 	shall determine whether the person has been convicted of a
2.17 	felony a criminal history in this or any other state. The court
2.18 	may conduct a search of national records through the FBI by
2.19 	submitting a set of fingerprints and the appropriate fee to the
2.20 	Bureau of Criminal Apprehension.If so it is determined that
2.21 	the person has a criminal history in this or any other state,
2.22 	the court shall, within ten days after the name change
2.23 	application is granted, report the name change to the Bureau of
2.24 	Criminal Apprehension.  The person whose name is changed shall
2.25 	also report the change to the Bureau of Criminal Apprehension
2.26 	within ten days.  The court granting the name change application
2.27 	must explain this reporting duty in its order.  Any person
2.28 	required to report the person's name change to the Bureau of
2.29 	Criminal Apprehension who fails to report the name change as
2.30 	required under this paragraph is guilty of a gross misdemeanor.

2.31 	Sec. 2. Minnesota Statutes 2004, section 299C.095,
2.32 	subdivision 1, is amended to read:
2.33 		Subdivision 1.Access to data on juveniles.  (a) The
2.34 	bureau shall administer and maintain the computerized juvenile
2.35 	history record system based on sections 260B.171 and 260C.171
2.36 	and other statutes requiring the reporting of data on
3.1 	juveniles.  The data in the system are private data as defined
3.2 	in section 13.02, subdivision 12, but are accessible to criminal
3.3 	justice agencies as defined in section 13.02, subdivision 3a, to
3.4 	all trial courts and appellate courts, to a person who has
3.5 	access to the juvenile court records as provided in sections
3.6 	260B.171 and 260C.171 or under court rule, to public defenders
3.7 	as provided in section 611.272, and to criminal justice agencies
3.8 	in other states in the conduct of their official duties.
3.9 	(b) Except for access authorized under paragraph (a), the
3.10 	bureau shall only disseminate a juvenile adjudication history
3.11 	record in connection with a background check required by statute
3.12 	or rule and performed on a licensee, license applicant, or
3.13 	employment applicant or performed under section 299C.62 or
3.14 	624.713.  If the background check is performed under section
3.15 	299C.62, juvenile adjudication history disseminated under this
3.16 	paragraph is limited to offenses that would constitute a
3.17 	background check crime as defined in section 299C.61,
3.18 	subdivision 2.  A consent for release of information from an
3.19 	individual who is the subject of a juvenile adjudication history
3.20 	is not effective and the bureau shall not release a juvenile
3.21 	adjudication history record and shall not release information in
3.22 	a manner that reveals the existence of the record. Data
3.23 	maintained under section 243.166, released in conjunction with a
3.24 	background check, regardless of the age of the offender at the
3.25 	time of the offense, does not constitute releasing information
3.26 	in a manner that reveals the existence of a juvenile
3.27 	adjudication history.

3.28 	Sec. 3. Minnesota Statutes 2004, section 299C.10,
3.29 	subdivision 1, is amended to read:
3.30 		Subdivision 1.Required fingerprinting.  (a) Sheriffs,
3.31 	peace officers, and community corrections agencies operating
3.32 	secure juvenile detention facilities shall take or cause to be
3.33 	taken immediately finger and thumb prints, photographs,
3.34 	distinctive physical mark identification data, information on
3.35 	any known aliases or street names, and other identification data
3.36 	requested or required by the superintendent of the bureau, of
4.1 	the following:
4.2 	(1) persons arrested for, appearing in court on a charge
4.3 	of, or convicted of a felony, gross misdemeanor, or targeted
4.4 	misdemeanor;
4.5 	(2) juveniles arrested for, appearing in court on a charge
4.6 	of, adjudicated delinquent for, or alleged to have committed
4.7 	felonies or gross misdemeanors as distinguished from those
4.8 	committed by adult offenders;
4.9 	(3) persons reasonably believed by the arresting officer to
4.10 	be fugitives from justice;
4.11 	(4) persons in whose possession, when arrested, are found
4.12 	concealed firearms or other dangerous weapons, burglar tools or
4.13 	outfits, high-power explosives, or articles, machines, or
4.14 	appliances usable for an unlawful purpose and reasonably
4.15 	believed by the arresting officer to be intended for such
4.16 	purposes; and 
4.17 	(5) juveniles referred by a law enforcement agency to a
4.18 	diversion program for a felony or gross misdemeanor offense; and 
4.19 	(6) persons currently involved in the criminal justice
4.20 	process, on probation, on parole, or in custody for the offenses
4.21 	in suspense whom the superintendent of the bureau identifies as
4.22 	being the subject of a court disposition record which cannot be
4.23 	linked to an arrest record, and whose fingerprints are necessary
4.24 	in order to maintain and ensure the accuracy of the bureau's
4.25 	criminal history files, to reduce the number of suspense files,
4.26 	or to comply with the mandates of section 299C.111, relating to
4.27 	the reduction of the number of suspense files.  This duty to
4.28 	obtain fingerprints for the offenses in suspense at the request
4.29 	of the bureau shall include the requirement that fingerprints be
4.30 	taken in post-arrest interviews; while making court appearances;
4.31 	while in custody; or while on any form of probation, diversion,
4.32 	or supervised release.
4.33 	(b) Unless the superintendent of the bureau requires a
4.34 	shorter period, within 24 hours the fingerprint records and
4.35 	other identification data specified under paragraph (a) must be
4.36 	forwarded to the bureau on such forms and in such manner as may
5.1 	be prescribed by the superintendent.
5.2 	(c) Prosecutors, courts, and probation officers and their
5.3 	agents, employees, and subordinates,shall attempt to ensure
5.4 	that the required identification data is taken on a person
5.5 	described in paragraph (a). Law enforcement may take
5.6 	fingerprints of an individual who is presently on probation.
5.7 	(d) For purposes of this section, a targeted misdemeanor is
5.8 	a misdemeanor violation of section 169A.20 (driving while
5.9 	impaired), 518B.01 (order for protection violation), 609.224
5.10 	(fifth degree assault), 609.2242 (domestic assault), 609.746
5.11 	(interference with privacy), 609.748 (harassment or restraining
5.12 	order violation), or 617.23 (indecent exposure).

5.13 	Sec. 4. Minnesota Statutes 2004, section 299C.10, is
5.14 	amended by adding a subdivision to read:
5.15 		Subd. 1a.Court disposition record in suspense;
5.16 	fingerprinting. The superintendent of the bureau shall inform a
5.17 	prosecuting authority that a person prosecuted by that authority
5.18 	is the subject of a court disposition record in suspense which
5.19 	requires fingerprinting under this section.  Upon being notified
5.20 	by the superintendent or otherwise learning of the suspense
5.21 	status of a court disposition record, any prosecuting authority
5.22 	may bring a motion in district court to compel the taking of the
5.23 	person's fingerprints upon a showing to the court that the
5.24 	person is the subject of the court disposition record in
5.25 	suspense.

5.26 	Sec. 5. Minnesota Statutes 2004, section 299C.11, is
5.27 	amended to read:
5.28 	299C.11 IDENTIFICATION DATA FURNISHED TO BUREAU.
5.29 	(a) Each sheriff and chief of police shall furnish the
5.30 	bureau, upon such form as the superintendent shall prescribe,
5.31 	with such finger and thumb prints, photographs, distinctive
5.32 	physical mark identification data, information on known aliases
5.33 	and street names, and other identification data as may be
5.34 	requested or required by the superintendent of the bureau, which
5.35 	must be taken under the provisions of section 299C.10.  In
5.36 	addition, sheriffs and chiefs of police shall furnish this
6.1 	identification data to the bureau for individuals found to have
6.2 	been convicted of a felony, gross misdemeanor, or targeted
6.3 	misdemeanor, within the ten years immediately preceding their
6.4 	arrest. When the bureau learns that an individual who is the
6.5 	subject of a background check has used, or is using, identifying
6.6 	information, including, but not limited to, name and date of
6.7 	birth, other than those listed on the criminal history, the
6.8 	bureau may add the new identifying information to the criminal
6.9 	history when supported by fingerprints.
6.10 	(b) No petition under chapter 609A is required if the
6.11 	person has not been convicted of any felony or gross
6.12 	misdemeanor, either within or without the state, within the
6.13 	period of ten years immediately preceding the determination of
6.14 	all pending criminal actions or proceedings in favor of the
6.15 	arrested person, and either of the following occurred:
6.16 	(1) all charges were dismissed prior to a determination of
6.17 	probable cause; or
6.18 	(2) the prosecuting authority declined to file any charges
6.19 	and a grand jury did not return an indictment.
6.20 	Where these conditions are met, the bureau or agency shall, upon
6.21 	demand, return to the arrested person finger and thumb prints,
6.22 	photographs, distinctive physical mark identification data,
6.23 	information on known aliases and street names, and other
6.24 	identification data, and all copies and duplicates of them.
6.25 	(c) Except as otherwise provided in paragraph (b), upon the
6.26 	determination of all pending criminal actions or proceedings in
6.27 	favor of the arrested person, and the granting of the petition
6.28 	of the arrested person under chapter 609A, the bureau shall seal
6.29 	finger and thumb prints, photographs, distinctive physical mark
6.30 	identification data, information on known aliases and street
6.31 	names, and other identification data, and all copies and
6.32 	duplicates of them if the arrested person has not been convicted
6.33 	of any felony or gross misdemeanor, either within or without the
6.34 	state, within the period of ten years immediately preceding such
6.35 	determination.
6.36 	(d) DNA samples and DNA records of the arrested person
7.1 	shall not be returned, sealed, or destroyed as to a charge
7.2 	supported by probable cause.
7.3 	(e) For purposes of this section:
7.4 	(1) "determination of all pending criminal actions or
7.5 	proceedings in favor of the arrested person" does not include:
7.6 	(i) the sealing of a criminal record pursuant to section
7.7 	152.18, subdivision 1, 242.31, or chapter 609A;
7.8 	(ii) the arrested person's successful completion of a
7.9 	diversion program;
7.10 	(iii) an order of discharge under section 609.165; or
7.11 	(iv) a pardon granted under section 638.02; and
7.12 	(2) "targeted misdemeanor" has the meaning given in section
7.13 	299C.10, subdivision 1.

7.14 	Sec. 6. Minnesota Statutes 2004, section 299C.14, is
7.15 	amended to read:
7.16 	299C.14 INFORMATION ON RELEASED PRISONER.
7.17 	It shall be the duty of the officials having charge of the
7.18 	penal institutions of the state or the release of prisoners
7.19 	therefrom to furnish to the bureau, as the superintendent may
7.20 	require, finger and thumb prints, photographs, distinctive
7.21 	physical mark identification data, other identification data,
7.22 	modus operandi reports, and criminal records of prisoners
7.23 	heretofore, now, or hereafter confined in such penal
7.24 	institutions, together with the period of their service and the
7.25 	time, terms, and conditions of their discharge. This duty to
7.26 	furnish information includes, but is not limited to, requests
7.27 	for fingerprints as the superintendent of the bureau deems
7.28 	necessary to maintain and ensure the accuracy of the bureau's
7.29 	criminal history files, to reduce the number of suspense files,
7.30 	or to comply with the mandates of section 299C.111 relating to
7.31 	the reduction of the number of suspense files where a
7.32 	disposition record is received that cannot be linked to an
7.33 	arrest record.

7.34 	Sec. 7. Minnesota Statutes 2004, section 299C.145,
7.35 	subdivision 3, is amended to read:
7.36 		Subd. 3.Authority to enter or retrieve data.  Only law
8.1 	enforcement criminal justice agencies, as defined in section
8.2 	299C.46, subdivision 2,may submit data to and obtain data from
8.3 	the distinctive physical mark identification system.

8.4 	Sec. 8. Minnesota Statutes 2004, section 326.3384,
8.5 	subdivision 1, is amended to read:
8.6 		Subdivision 1.Prohibition.  No license holder or
8.7 	employee of a license holder shall, in a manner that implies
8.8 	that the person is an employee or agent of a governmental
8.9 	agency, display on a badge, identification card, emblem,
8.10 	vehicle, uniform, stationery, or in advertising for private
8.11 	detective or protective agent services:
8.12 	(1) the words "public safety," "police," "constable,"
8.13 	"highway patrol," "state patrol," "sheriff," "trooper," or "law
8.14 	enforcement"; or
8.15 	(2) the name of a municipality, county, state, or of the
8.16 	United States, or any governmental subdivision thereof.
8.17 	
EFFECTIVE DATE. This section is effective the day
8.18 	following final enactment.

8.19 	Sec. 9. Minnesota Statutes 2004, section 609.763,
8.20 	subdivision 3, is amended to read:
8.21 		Subd. 3.Aggregation; jurisdiction.  In a prosecution
8.22 	under this section, the dollar amounts obtained involved in
8.23 	violation of subdivision 1 within any 12-month period may be
8.24 	aggregated and the defendant charged accordingly.  When two or
8.25 	more offenses are committed by the same person in two or more
8.26 	counties, the defendant may be prosecuted in any county in which
8.27 	one of the offenses was committed for all of the offenses
8.28 	aggregated under this subdivision.

8.29 	Sec. 10. Minnesota Statutes 2004, section 611A.01, is
8.30 	amended to read:
8.31 	611A.01 DEFINITIONS.
8.32 	For the purposes of sections 611A.01 to 611A.06:
8.33 	(a) "crime" means conduct that is prohibited by local
8.34 	ordinance and results in bodily harm to an individual; or
8.35 	conduct that is included within the definition of "crime" in
8.36 	section 609.02, subdivision 1, or would be included within that
9.1 	definition but for the fact that (i) the person engaging in the
9.2 	conduct lacked capacity to commit the crime under the laws of
9.3 	this state, or (ii) the act was alleged or found to have been
9.4 	committed by a juvenile;
9.5 	(b) "victim" means a natural person who incurs loss or harm
9.6 	as a result of a crime, including a good faith effort to prevent
9.7 	a crime, and for purposes of sections 611A.04 and 611A.045, also
9.8 	includes (i) a corporation that incurs loss or harm as a result
9.9 	of a crime, (ii) a government entity that incurs loss or harm as
9.10 	a result of a crime, and (iii) any other entity authorized to
9.11 	receive restitution under section 609.10 or 609.125. If the
9.12 	victim is a natural person and is deceased, "victim" means the
9.13 	deceased's surviving spouse or next of kin The term "victim"
9.14 	includes the family members, guardian or custodian of a minor,
9.15 	incompetent, incapacitated, or deceased person.  In a case where
9.16 	the prosecutor finds that the number of family members makes it
9.17 	impracticable to accord all of the family members the rights
9.18 	described in sections 611A.02 to 611A.0395, the prosecutor shall
9.19 	establish a reasonable procedure to give effect to those
9.20 	rights.  The procedure may not limit the number of victim impact
9.21 	statements submitted to the court under section 611A.038.  The
9.22 	term "victim" does not include the person charged with or
9.23 	alleged to have committed the crime; and
9.24 	(c) "juvenile" has the same meaning as given to the term
9.25 	"child" in section 260B.007, subdivision 3.

9.26 	ARTICLE 2
9.27 	FIRE MARSHAL PROVISIONS

9.28 	Section 1. Minnesota Statutes 2004, section 84.362, is
9.29 	amended to read:
9.30 	84.362 REMOVAL OF STRUCTURES.
9.31 	Until after the sale of any parcel of tax-forfeited land,
9.32 	whether classified as agricultural or nonagricultural hereunder,
9.33 	the county auditor may, with the approval of the commissioner,
9.34 	provide:
9.35 	(1) for the sale or demolition of any structure located
9.36 	thereon, which on the land that has been determined by the
10.1 	county board to be within the purview of section 299F.10,
10.2 	especially liable to fire or so situated as to endanger life or
10.3 	limb or other buildings or property in the vicinity because of
10.4 	age, dilapidated condition, defective chimney, defective
10.5 	electric wiring, any gas connection, heating apparatus, or other
10.6 	defect;and
10.7 	(2) for the sale of salvage material, if any, therefrom.

10.8 	Sec. 2. Minnesota Statutes 2004, section 282.04,
10.9 	subdivision 2, is amended to read:
10.10 		Subd. 2.Rights before sale; improvements, insurance,
10.11 	demolition. (a) Before the sale of a parcel of forfeited land
10.12 	the county auditor may, with the approval of the county board of
10.13 	commissioners, provide for the repair and improvement of any
10.14 	building or structure located upon the parcel, and may provide
10.15 	for maintenance of tax-forfeited lands, if it is determined by
10.16 	the county board that such repairs, improvements, or maintenance
10.17 	are necessary for the operation, use, preservation,and safety
10.18 	of the building or structure.
10.19 	(b) If so authorized by the county board, the county
10.20 	auditor may insure the building or structure against loss or
10.21 	damage resulting from fire or windstorm, may purchase workers'
10.22 	compensation insurance to insure the county against claims for
10.23 	injury to the persons employed in the building or structure by
10.24 	the county, and may insure the county, its officers and
10.25 	employees against claims for injuries to persons or property
10.26 	because of the management, use,or operation of the building or
10.27 	structure.
10.28 	(c) The county auditor may, with the approval of the county
10.29 	board, provide:
10.30 	(1) for the demolition of the building or structure, which
10.31 	has been determined by the county board to be within the purview
10.32 	of section 299F.10,especially liable to fire or so situated as
10.33 	to endanger life or limb or other buildings or property in the
10.34 	vicinity because of age, dilapidated condition, defective
10.35 	chimney, defective electric wiring, any gas connection, heating
10.36 	apparatus, or other defect;and
11.1 	(2) for the sale of salvaged materials from the building or
11.2 	structure.
11.3 	(d) The county auditor, with the approval of the county
11.4 	board, may provide for the sale of abandoned personal property.
11.5 	The sale may be made by the sheriff using the procedures for the
11.6 	sale of abandoned property in section 345.15 or by the county
11.7 	auditor using the procedures for the sale of abandoned property
11.8 	in section 504B.271.  The net proceeds from any sale of the
11.9 	personal property, salvaged materials, timber or other products,
11.10 	or leases made under this law must be deposited in the forfeited
11.11 	tax sale fund and must be distributed in the same manner as if
11.12 	the parcel had been sold.
11.13 	(e) The county auditor, with the approval of the county
11.14 	board, may provide for the demolition of any structure on
11.15 	tax-forfeited lands, if in the opinion of the county board, the
11.16 	county auditor, and the land commissioner, if there is one, the
11.17 	sale of the land with the structure on it, or the continued
11.18 	existence of the structure by reason of age, dilapidated
11.19 	condition or excessive size as compared with nearby structures,
11.20 	will result in a material lessening of net tax capacities of
11.21 	real estate in the vicinity of the tax-forfeited lands, or if
11.22 	the demolition of the structure or structures will aid in
11.23 	disposing of the tax-forfeited property.
11.24 	(f) Before the sale of a parcel of forfeited land located
11.25 	in an urban area, the county auditor may with the approval of
11.26 	the county board provide for the grading of the land by filling
11.27 	or the removal of any surplus material from it.  If the physical
11.28 	condition of forfeited lands is such that a reasonable grading
11.29 	of the lands is necessary for the protection and preservation of
11.30 	the property of any adjoining owner, the adjoining property
11.31 	owner or owners may apply to the county board to have the
11.32 	grading done.  If, after considering the application, the county
11.33 	board believes that the grading will enhance the value of the
11.34 	forfeited lands commensurate with the cost involved, it may
11.35 	approve it, and the work must be performed under the supervision
11.36 	of the county or city engineer, as the case may be, and the
12.1 	expense paid from the forfeited tax sale fund.

12.2 	Sec. 3. Minnesota Statutes 2004, section 299F.011,
12.3 	subdivision 7, is amended to read:
12.4 		Subd. 7.Fees. A fee of $100 shall be charged by The
12.5 	state fire marshal shall charge a fee of $100 for each plan
12.6 	review involving:
12.7 	(1) flammable liquids under Minnesota Rules, part
12.8 	7510.3650;
12.9 	(2) motor vehicle fuel-dispensing stations under Minnesota
12.10 	Rules, part 7510.3610; or
12.11 	(3) liquefied petroleum gases under Minnesota Rules, part
12.12 	7510.3670.

12.13 	Sec. 4. Minnesota Statutes 2004, section 299F.014, is
12.14 	amended to read:
12.15 	299F.014 RULES FOR CERTAIN PETROLEUM STORAGE TANKS; TANK
12.16 	VEHICLE PARKING.
12.17 	(a) Any rule of the commissioner of public safety that
12.18 	adopts provisions of the Uniform State Fire Code relating to
12.19 	aboveground tanks for petroleum storage that are not used for
12.20 	dispensing to the public is superseded by Minnesota Rules,
12.21 	chapter 7151, in regard to:  secondary containment, substance
12.22 	transfer areas, tank and piping standards, overfill protection,
12.23 	corrosion protection, leak detection, labeling, monitoring,
12.24 	maintenance, record keeping, and decommissioning.  If Minnesota
12.25 	Rules, chapter 7151, does not address an issue relating to
12.26 	aboveground tanks for petroleum storage that are not used for
12.27 	dispensing to the public, any applicable provision of the
12.28 	Uniform State Fire Code, 1997 Edition, shall apply applies.
12.29 	(b) A motorized tank vehicle used to transport petroleum
12.30 	products may be parked within 500 feet of a residence if the
12.31 	vehicle is parked at an aboveground tank facility used for
12.32 	dispensing petroleum into cargo tanks for sale at another
12.33 	location.

12.34 	Sec. 5. Minnesota Statutes 2004, section 299F.05, is
12.35 	amended to read:
12.36 	299F.05 LAW ENFORCEMENT POWERS; INFORMATION SYSTEM.
13.1 		Subdivision 1.Investigation, arrest, and prosecution.
 13.2 	The state fire marshal,On determining that reasonable grounds
13.3 	exist to believe that a violation of sections 609.561 to 609.576
13.4 	has occurred,or reasonable grounds to believe that some other
13.5 	crime has occurred in connection with a fire investigated
13.6 	pursuant to section 299F.04, the state fire marshal shall so
13.7 	inform the superintendent of the Bureau of Criminal
13.8 	Apprehension.  The superintendent law enforcement authority
13.9 	having jurisdiction, who shall cooperate with the fire marshal
13.10 	and local fire officials in further investigating the reported
13.11 	incident in a manner which that may include supervising and
13.12 	directing the subsequent criminal investigation,and taking the
13.13 	testimony on oath of all persons supposed to be cognizant of any
13.14 	facts relating to the matter under investigation. If the
13.15 	superintendent believes On determining that there is evidence
13.16 	sufficient to charge any person with a violation of sections
13.17 	609.561 to 609.576, or of any other crime in connection with an
13.18 	investigated fire, the superintendent authority having
13.19 	jurisdiction shall arrest or cause have the person to be 
13.20 	arrested and charged with the offense and furnish to the proper
13.21 	prosecuting attorney all relevant evidence, together with the
13.22 	copy of all names of witnesses and all the information obtained
13.23 	by the superintendent authority or the state fire marshal,
13.24 	including a copy of all pertinent and material testimony taken
13.25 	in the case.
13.26 		Subd. 2.Information system. The state fire marshal and
13.27 	the superintendent of the Bureau of Criminal Apprehension shall
13.28 	maintain a record of arrests, charges filed, and final
13.29 	disposition of all fires reported and investigated under
13.30 	sections 299F.04 and 299F.05.  For this purpose, the Department
13.31 	of Public Safety shall implement a single reporting system shall
13.32 	be implemented by the Department of Public Safety utilizing the
13.33 	systems operated by the fire marshal and the bureau.  The system
13.34 	shall must be operated in such a way as to minimize duplication
13.35 	and discrepancies in reported figures.

13.36 	Sec. 6. Minnesota Statutes 2004, section 299F.06,
14.1 	subdivision 1, is amended to read:
14.2 		Subdivision 1.Summon witnesses; produce documentary
14.3 	evidence.  (a) In order to establish if reasonable grounds exist
14.4 	to believe that a violation of sections 609.561 to 609.576,has
14.5 	occurred, or to determine compliance with the Uniform State Fire
14.6 	Code or corrective orders issued thereunder under that code, the
14.7 	state fire marshal and the staff designated by the state fire
14.8 	marshal shall have the power ,in any county of the state to , may 
14.9 	summon and compel the attendance of witnesses to testify before
14.10 	the state fire marshal, chief assistant fire marshal, or deputy
14.11 	state fire marshals,and may require the production of any book,
14.12 	paper, or document deemed pertinent. The state fire marshal may
14.13 	also designate certain individuals from fire departments in
14.14 	cities of the first class and cities of the second class as
14.15 	having the powers set forth in this paragraph.  These designated
14.16 	individuals may only exercise their powers in a manner
14.17 	prescribed by the state fire marshal.  "Fire department" has the
14.18 	meaning given in section 299F.092, subdivision 6.  "Cities of
14.19 	the first class" and "cities of the second class" have the
14.20 	meanings given in section 410.01.
14.21 	(b) A summons issued under this subdivision shall must be
14.22 	served in the same manner and have has the same effect as
14.23 	subpoenas a subpoena issued from a district courts court.  All
14.24 	witnesses shall must receive the same compensation as is paid to
14.25 	witnesses in district courts, which shall must be paid out of
14.26 	the fire marshal fund upon vouchers a voucher certificate signed
14.27 	by the state fire marshal, chief assistant fire marshal, or
14.28 	deputy fire marshal before whom any witnesses shall have
14.29 	attended and this officer shall, at the close of the
14.30 	investigation wherein in which the witness was subpoenaed,
14.31 	certify to the attendance and mileage of the witness, which .
14.32 	This certificate shall must be filed in the Office of the State
14.33 	Fire Marshal.  All investigations held by or under the direction
14.34 	of the state fire marshal,or any subordinate,may,in the state
14.35 	fire marshal's discretion,be private and persons other than
14.36 	those required to be present by the provisions of this chapter
15.1 	may be excluded from the place where the investigation is held,
15.2 	and witnesses may be kept separate and apart from each other and
15.3 	not allowed to communicate with each other until they have been
15.4 	examined.

15.5 	Sec. 7. Minnesota Statutes 2004, section 299F.19,
15.6 	subdivision 1, is amended to read:
15.7 		Subdivision 1.Rules.  The commissioner of public safety
15.8 	shall adopt rules for the safekeeping, storage, handling, use,
15.9 	or other disposition of flammable liquids, flammable gases,
15.10 	blasting agents,and explosives.  Loads carried in or on
15.11 	vehicles transporting such these products upon public highways
15.12 	within this state shall be are governed by the uniform vehicle
15.13 	size and weights provisions in sections 169.80 to 169.88 and the
15.14 	transportation of hazardous materials provisions of section
15.15 	221.033. The rules for flammable liquids and flammable gases
15.16 	shall be distinguished from each other and from the rules
15.17 	covering other materials subject to regulation under this
15.18 	subdivision.

15.19 	Sec. 8. Minnesota Statutes 2004, section 299F.19,
15.20 	subdivision 2, is amended to read:
15.21 		Subd. 2.Blasting agent defined; explosives classified.
 15.22 	(a) For the purposes of this section,and the rules adopted
15.23 	pursuant thereto, the term to this section:
15.24 	(a) " Blasting agent " means any material or mixture,
15.25 	consisting of a fuel and oxidizer, intended for blasting, not
15.26 	otherwise classified as an explosive and in which none of the
15.27 	ingredients is classified as an explosive,;providing that,the
15.28 	finished product, as mixed and packaged for use or shipment,
15.29 	cannot be detonated by means of a number 8 test blasting cap
15.30 	when unconfined. The term " Blasting agent " does not include
15.31 	flammable liquids or flammable gases.
15.32 	(b) For the purposes of this section, and the rules adopted
15.33 	pursuant thereto,"Explosive" means any chemical compound,
15.34 	mixture, or device, the primary or common purpose of which is to
15.35 	function by explosion.  The term includes, but is not limited
15.36 	to, dynamite, black powder, pellet powder, initiating
16.1 	explosives, detonators, safety fuses, squibs, detonating cord,
16.2 	igniter cord, igniters, display fireworks, and class 1.3G
16.3 	fireworks (formerly classified as Class B special fireworks).
16.4 	"Explosive" includes any material determined to be within the
16.5 	scope of United States Code, title 18, chapter 40, and also
16.6 	includes any material classified as an explosive other than
16.7 	consumer fireworks, 1.4G (Class C, Common), by the hazardous
16.8 	materials regulations of the United States Department of
16.9 	Transportation (DOTn) in Code of Federal Regulations, title 49.
16.10 	(c) Explosives are divided into three classes four
16.11 	categories and are defined as follows:
16.12 	(1) class A explosives:  possessing detonating or otherwise
16.13 	maximum hazard, such as dynamite, nitroglycerin, picric acid,
16.14 	lead azide, fulminate of mercury, blasting caps, and detonating
16.15 	primers;
16.16 	(2) class B explosives:  possessing flammable hazard, such
16.17 	as propellant explosives (including some smokeless powders),
16.18 	black powder, photographic flash powders, and some special
16.19 	fireworks;
16.20 	(3) class C explosives:  includes certain types of
16.21 	manufactured articles which contain class A, or class B
16.22 	explosives, or both, as components but in restricted quantities.
16.23 	The term explosive or explosives means any chemical compound,
16.24 	mixture or device, the primary or common purpose of which is to
16.25 	function by explosion; that is, with substantially instantaneous
16.26 	release of gas and heat, unless such compound, mixture, or
16.27 	device is otherwise specifically classified by the United States
16.28 	Department of Transportation.  The term explosives includes all
16.29 	material which is classified as class A, class B, and class C
16.30 	explosives by the United States Department of Transportation,
16.31 	and includes, but is not limited to dynamite, black powder,
16.32 	pellet powder, initiating explosives, blasting caps, electric
16.33 	blasting caps, safety fuse, fuse lighters, fuse igniters,
16.34 	squibs, cordeau detonate fuse, instantaneous fuse, igniter cord,
16.35 	igniters, and some special fireworks.  Commercial explosives are
16.36 	those explosives which are intended to be used in commercial or
17.1 	industrial operation.  The term explosives does not include
17.2 	flammable liquids or flammable gases.
17.3 	(1) High explosive:  explosive material, such as dynamite,
17.4 	that can be caused to detonate by means of a number eight test
17.5 	blasting cap when unconfined.
17.6 	(2) Low explosive:  explosive material that will burn or
17.7 	deflagrate when ignited, characterized by a rate of reaction
17.8 	that is less than the speed of sound, including, but not limited
17.9 	to, black powder, safety fuse, igniters, igniter cord, fuse
17.10 	lighters, class 1.3G fireworks (formerly classified as Class B
17.11 	special fireworks), and class 1.3C propellants.
17.12 	(3) Mass-detonating explosives:  division 1.1, 1.2, and 1.5
17.13 	explosives alone or in combination, or loaded into various types
17.14 	of ammunition or containers, most of which can be expected to
17.15 	explode virtually instantaneously when a small portion is
17.16 	subjected to fire, severe concussion, impact, the impulse of an
17.17 	initiating agent, or the effect of a considerable discharge of
17.18 	energy from without.  Materials that react in this manner
17.19 	represent a mass explosion hazard.  Such an explosive will
17.20 	normally cause severe structural damage to adjacent objects.
17.21 	Explosive propagation could occur immediately to other items of
17.22 	ammunition and explosives stored sufficiently close to and not
17.23 	adequately protected from the initially exploding pile with a
17.24 	time interval short enough so that two or more quantities must
17.25 	be considered as one for quantity-distance purposes.
17.26 	(4) United Nations/United States Department of
17.27 	Transportation (UN/DOTn) Class 1 explosives:  the hazard class
17.28 	of explosives that further defines and categorizes explosives
17.29 	under the current system applied by DOTn for all explosive
17.30 	materials into further divisions as follows, with the letter G
17.31 	identifying the material as a pyrotechnic substance or article
17.32 	containing a pyrotechnic substance and similar materials:
17.33 	(i) Division 1.1 explosives have a mass explosion hazard.
17.34 	A mass explosion is one that affects almost the entire load
17.35 	instantaneously.
17.36 	(ii) Division 1.2 explosives have a projection hazard but
18.1 	not a mass explosion hazard.
18.2 	(iii) Division 1.3 explosives have a fire hazard and either
18.3 	a minor blast hazard or a minor projection hazard or both, but
18.4 	not a mass explosion hazard.
18.5 	(iv) Division 1.4 explosives pose a minor explosion
18.6 	hazard.  The explosive effects are largely confined to the
18.7 	package and no projection of fragments of appreciable size or
18.8 	range is to be expected.  An external fire must not cause
18.9 	virtually instantaneous explosion of almost the entire contents
18.10 	of the package.
18.11 	(v) Division 1.5 explosives are very insensitive and are
18.12 	comprised of substances that have a mass explosion hazard, but
18.13 	are so insensitive that there is very little probability of
18.14 	initiation or of transition from burning to detonation under
18.15 	normal conditions of transport.
18.16 	(vi) Division 1.6 explosives are extremely insensitive and
18.17 	do not have a mass explosion hazard, comprised of articles that
18.18 	contain only extremely insensitive detonating substances and
18.19 	that demonstrate a negligible probability of accidental
18.20 	initiation or propagation.

18.21 	Sec. 9. Minnesota Statutes 2004, section 299F.362,
18.22 	subdivision 3, is amended to read:
18.23 		Subd. 3.Smoke detector for any dwelling.  Every dwelling
18.24 	unit within a dwelling shall must be provided with a smoke
18.25 	detector meeting the requirements of Underwriters Laboratories,
18.26 	Inc., or approved by the International Conference of Building
18.27 	Officials the State Fire Code.  The detector shall must be
18.28 	mounted in accordance with the rules regarding smoke detector
18.29 	location promulgated adopted under the provisions of subdivision
18.30 	2.  When actuated, the detector shall must provide an alarm in
18.31 	the dwelling unit.

18.32 	Sec. 10. Minnesota Statutes 2004, section 299F.362,
18.33 	subdivision 4, is amended to read:
18.34 		Subd. 4.Smoke detector for apartment, lodging house, or
18.35 	hotel.  Every dwelling unit within an apartment house and every
18.36 	guest room in a lodging house or hotel used for sleeping
19.1 	purposes shall must be provided with a smoke detector conforming
19.2 	to the requirements of Underwriters Laboratories, Inc., or
19.3 	approved by the International Conference of Building
19.4 	Officials the State Fire Code.  In dwelling units, detectors
19.5 	shall must be mounted in accordance with the rules regarding
19.6 	smoke detector location promulgated adopted under the provisions
19.7 	of subdivision 2.  When actuated, the detector shall must 
19.8 	provide an alarm in the dwelling unit or guest room.

19.9 	Sec. 11. Minnesota Statutes 2004, section 624.22,
19.10 	subdivision 1, is amended to read:
19.11 		Subdivision 1.General requirements; permit;
19.12 	investigation; fee.  (a) Sections 624.20 to 624.25 do not
19.13 	prohibit the supervised display of fireworks by a statutory or
19.14 	home rule charter city, fair association, amusement park, or
19.15 	other organization, except that:
19.16 	(1) a fireworks display may be conducted only when
19.17 	supervised by an operator certified by the state fire marshal;
19.18 	and
19.19 	(2) a fireworks display must either be given by a
19.20 	municipality or fair association within its own limits, or by
19.21 	any other organization, whether public or private, only after a
19.22 	permit for the display has first been secured.
19.23 	(b) An application for a permit for an outdoor fireworks
19.24 	display must be made in writing to the municipal clerk at least
19.25 	15 days in advance of the date of the display and must list the
19.26 	name of an operator who is certified by the state fire marshal
19.27 	and will supervise the display.  The application must be
19.28 	promptly referred to the chief of the fire department, who shall
19.29 	make an investigation to determine whether the operator of the
19.30 	display is competent and is certified by the state fire marshal,
19.31 	and whether the display is of such a character and is to be so
19.32 	located, discharged, or fired that it will not be hazardous to
19.33 	property or endanger any person.  The fire chief shall report
19.34 	the results of this investigation to the clerk.  If the fire
19.35 	chief reports that the operator is certified, that in the
19.36 	chief's opinion the operator is competent, and that the
20.1 	fireworks display as planned will conform to the safety
20.2 	guidelines of the state fire marshal provided for in paragraph
20.3 	(f), the clerk shall issue a permit for the display when the
20.4 	applicant pays a permit fee.
20.5 	(c) When the supervised outdoor fireworks display for which
20.6 	a permit is sought is to be held outside the limits of an
20.7 	incorporated municipality, the application must be made to the
20.8 	county auditor, and the auditor shall perform duties imposed by
20.9 	sections 624.20 to 624.25 upon the clerk of the municipality.
20.10 	When an application is made to the auditor, the county sheriff
20.11 	shall perform the duties imposed on the fire chief of the
20.12 	municipality by sections 624.20 to 624.25.
20.13 	(d) An application for an indoor fireworks display permit
20.14 	must be made in writing to the state fire marshal by the
20.15 	operator of the facility in which the display is to occur at
20.16 	least 15 days in advance of the date of any performance, show,
20.17 	or event which will include the discharge of fireworks inside a
20.18 	building or structure.  The application must list the name of an
20.19 	operator who is certified by the state fire marshal and will
20.20 	supervise the display.  The state fire marshal shall make an
20.21 	investigation to determine whether the operator of the display
20.22 	is competent and is properly certified and whether the display
20.23 	is of such a character and is to be so located, discharged, or
20.24 	fired that it will not be hazardous to property or endanger any
20.25 	person.  If the state fire marshal determines that the operator
20.26 	is certified and competent, that the indoor fireworks display as
20.27 	planned will conform to the safety guidelines provided for in
20.28 	paragraph (f), and that adequate notice will be given to inform
20.29 	patrons of the indoor fireworks display, the state fire marshal
20.30 	shall issue a permit for the display when the applicant pays an
20.31 	indoor fireworks fee of $150 and reimburses the fire marshal for
20.32 	costs of inspection.  Receipts from the indoor fireworks fee and
20.33 	inspection reimbursements must be deposited in the general fund
20.34 	as a nondedicated receipt.  The state fire marshal may issue a
20.35 	single permit for multiple indoor fireworks displays when all of
20.36 	the displays are to take place at the same venue as part of a
21.1 	series of performances by the same performer or group of
21.2 	performers.  A copy of the application must be promptly conveyed
21.3 	to the chief of the local fire department, who shall make
21.4 	appropriate preparations to ensure public safety in the vicinity
21.5 	of the display.  The operator of a facility where an indoor
21.6 	fireworks display occurs must provide notice in a prominent
21.7 	place as approved by the state fire marshal to inform patrons
21.8 	attending a performance when indoor fireworks will be part of
21.9 	that performance.  The state fire marshal may grant a local fire
21.10 	chief the authority to issue permits for indoor fireworks
21.11 	displays.  Before issuing a permit, a local fire chief must make
21.12 	the determinations required in this paragraph.
21.13 	(e) After a permit has been granted under either paragraph
21.14 	(b) or (d), sales, possession, use and distribution of fireworks
21.15 	for a display are lawful for that purpose only.  A permit is not
21.16 	transferable.
21.17 	(f) The state fire marshal shall adopt and disseminate to
21.18 	political subdivisions rules establishing guidelines on
21.19 	fireworks display safety that are consistent with sections
21.20 	624.20 to 624.25 and the most recent editions edition of the
21.21 	Minnesota Uniform State Fire Code and the National Fire
21.22 	Protection Association Standards, to insure that fireworks
21.23 	displays are given safely.  In the guidelines, the state fire
21.24 	marshal shall allow political subdivisions to exempt the use of
21.25 	relatively safe fireworks for theatrical special effects,
21.26 	ceremonial occasions, and other limited purposes, as determined
21.27 	by the state fire marshal.

21.28 	Sec. 12. INSTRUCTION TO REVISOR.
 21.29 	The revisor of statutes shall change the terms "Minnesota
21.30 	Uniform Fire Code" and "Uniform Fire Code" to "State Fire Code"
21.31 	where found in Minnesota Statutes, sections 16B.61, subdivision
21.32 	2; 126C.10, subdivision 14; 136F.61; 245A.151; 299F.011,
21.33 	subdivisions 1, 4, 4b, 4c, 5, and 6; 299F.013; 299F.015,
21.34 	subdivision 1; 299F.06, subdivision 1; 299F.092, subdivision 6;
21.35 	299F.093, subdivision 1; 299F.362, subdivision 6; 299F.391,
21.36 	subdivisions 2 and 3; 299M.12; 414.0325, subdivision 5; and
22.1 	462.3585.

22.2 	Sec. 13. REPEALER.
 22.3 	Minnesota Statutes 2004, sections 69.011, subdivision 5;
22.4 	299F.011, subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12;
22.5 	299F.13; 299F.14; 299F.15; 299F.16; 299F.17; 299F.361; 299F.451;
22.6 	and 299F.452, are repealed.