SF 1663

1st Engrossment - 84th Legislature (2005 - 2006)

Posted on 12/15/2009 12:00 a.m.

A bill for an act
relating to public safety; addressing various criminal
justice and fire safety initiatives of the Department
of Public Safety; amending Minnesota Statutes 2004,
sections 84.362; 259.11; 282.04, subdivision 2;
299C.095, subdivision 1; 299C.10, subdivision 1, by
adding a subdivision; 299C.11; 299C.14; 299C.145,
subdivision 3; 299F.011, subdivision 7; 299F.014;
299F.05; 299F.06, subdivision 1; 299F.19, subdivisions
1, 2; 299F.362, subdivisions 3, 4; 326.3384,
subdivision 1; 609.763, subdivision 3; 611A.01;
624.22, subdivision 1; repealing Minnesota Statutes
2004, sections 69.011, subdivision 5; 299F.011,
subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12;
299F.13; 299F.14; 299F.15; 299F.16; 299F.17; 299F.361;
299F.451; 299F.452.

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

ARTICLE 1

GENERAL PROVISIONS

Section 1.

Minnesota Statutes 2004, section 259.11, is
amended to read:

259.11 ORDER; FILING COPIES.

(a) Upon meeting the requirements of section 259.10, the
court shall grant the application unless: (1) it finds that
there is an intent to defraud or mislead; (2) section 259.13
prohibits granting the name change; or (3) in the case of the
change of a minor child's name, the court finds that such name
change is not in the best interests of the child. The court
shall set forth in the order the name and age of the applicant's
spouse and each child of the applicant, if any, and shall state
a description of the lands, if any, in which the applicant and
the spouse and children, if any, claim to have an interest. The
court administrator shall file such order, and record the same
in the judgment book. If lands be described therein, a
certified copy of the order shall be filed for record, by the
applicant, with the county recorder of each county wherein any
of the same are situated. Before doing so the court
administrator shall present the same to the county auditor who
shall enter the change of name in the auditor's official records
and note upon the instrument, over an official signature, the
words "change of name recorded." Any such order shall not be
filed, nor any certified copy thereof be issued, until the
applicant shall have paid to the county recorder and court
administrator the fee required by law. No application shall be
denied on the basis of the marital status of the applicant.

(b) When a person applies for a name change, the court
shall determine whether the person has deleted text begin been convicted of a
felony deleted text end new text begin a criminal history new text end in this or any other state. new text begin The court
may conduct a search of national records through the FBI by
submitting a set of fingerprints and the appropriate fee to the
Bureau of Criminal Apprehension. new text end If deleted text begin so deleted text end new text begin it is determined that
the person has a criminal history in this or any other state new text end ,
the court shall, within ten days after the name change
application is granted, report the name change to the Bureau of
Criminal Apprehension. The person whose name is changed shall
also report the change to the Bureau of Criminal Apprehension
within ten days. The court granting the name change application
must explain this reporting duty in its order. Any person
required to report the person's name change to the Bureau of
Criminal Apprehension who fails to report the name change as
required under this paragraph is guilty of a gross misdemeanor.

Sec. 2.

Minnesota Statutes 2004, section 299C.095,
subdivision 1, is amended to read:

Subdivision 1.

Access to data on juveniles.

(a) The
bureau shall administer and maintain the computerized juvenile
history record system based on sections 260B.171 and 260C.171
and other statutes requiring the reporting of data on
juveniles. The data in the system are private data as defined
in section 13.02, subdivision 12, but are accessible to criminal
justice agencies as defined in section 13.02, subdivision 3a, to
all trial courts and appellate courts, to a person who has
access to the juvenile court records as provided in sections
260B.171 and 260C.171 or under court rule, to public defenders
as provided in section 611.272, and to criminal justice agencies
in other states in the conduct of their official duties.

(b) Except for access authorized under paragraph (a), the
bureau shall only disseminate a juvenile adjudication history
record in connection with a background check required by statute
or rule and performed on a licensee, license applicant, or
employment applicant or performed under section 299C.62 or
624.713. If the background check is performed under section
299C.62, juvenile adjudication history disseminated under this
paragraph is limited to offenses that would constitute a
background check crime as defined in section 299C.61,
subdivision 2. A consent for release of information from an
individual who is the subject of a juvenile adjudication history
is not effective and the bureau shall not release a juvenile
adjudication history record and shall not release information in
a manner that reveals the existence of the record. new text begin Data
maintained under section 243.166, released in conjunction with a
background check, regardless of the age of the offender at the
time of the offense, does not constitute releasing information
in a manner that reveals the existence of a juvenile
adjudication history.
new text end

Sec. 3.

Minnesota Statutes 2004, section 299C.10,
subdivision 1, is amended to read:

Subdivision 1.

Required fingerprinting.

(a) Sheriffs,
peace officers, and community corrections agencies operating
secure juvenile detention facilities shall take or cause to be
taken immediately finger and thumb prints, photographs,
distinctive physical mark identification data, information on
any known aliases or street names, and other identification data
requested or required by the superintendent of the bureau, of
the following:

(1) persons arrested for, appearing in court on a charge
of, or convicted of a felony, gross misdemeanor, or targeted
misdemeanor;

(2) juveniles arrested for, appearing in court on a charge
of, adjudicated delinquent for, or alleged to have committed
felonies or gross misdemeanors as distinguished from those
committed by adult offenders;

(3) persons reasonably believed by the arresting officer to
be fugitives from justice;

(4) persons in whose possession, when arrested, are found
concealed firearms or other dangerous weapons, burglar tools or
outfits, high-power explosives, or articles, machines, or
appliances usable for an unlawful purpose and reasonably
believed by the arresting officer to be intended for such
purposes; deleted text begin and
deleted text end

(5) juveniles referred by a law enforcement agency to a
diversion program for a felony or gross misdemeanor offense new text begin ; and
new text end

new text begin (6) persons currently involved in the criminal justice
process, on probation, on parole, or in custody for the offenses
in suspense whom the superintendent of the bureau identifies as
being the subject of a court disposition record which cannot be
linked to an arrest record, and whose fingerprints are necessary
in order to maintain and ensure the accuracy of the bureau's
criminal history files, to reduce the number of suspense files,
or to comply with the mandates of section 299C.111, relating to
the reduction of the number of suspense files. This duty to
obtain fingerprints for the offenses in suspense at the request
of the bureau shall include the requirement that fingerprints be
taken in post-arrest interviews; while making court appearances;
while in custody; or while on any form of probation, diversion,
or supervised release new text end .

(b) Unless the superintendent of the bureau requires a
shorter period, within 24 hours the fingerprint records and
other identification data specified under paragraph (a) must be
forwarded to the bureau on such forms and in such manner as may
be prescribed by the superintendent.

(c) Prosecutors, courts, and probation officers new text begin and their
agents, employees, and subordinates, new text end shall attempt to ensure
that the required identification data is taken on a person
described in paragraph (a). new text begin Law enforcement may take
fingerprints of an individual who is presently on probation.
new text end

(d) For purposes of this section, a targeted misdemeanor is
a misdemeanor violation of section 169A.20 (driving while
impaired), 518B.01 (order for protection violation), 609.224
(fifth degree assault), 609.2242 (domestic assault), 609.746
(interference with privacy), 609.748 (harassment or restraining
order violation), or 617.23 (indecent exposure).

Sec. 4.

Minnesota Statutes 2004, section 299C.10, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Court disposition record in suspense;
fingerprinting. new text end

new text begin The superintendent of the bureau shall inform a
prosecuting authority that a person prosecuted by that authority
is the subject of a court disposition record in suspense which
requires fingerprinting under this section. Upon being notified
by the superintendent or otherwise learning of the suspense
status of a court disposition record, any prosecuting authority
may bring a motion in district court to compel the taking of the
person's fingerprints upon a showing to the court that the
person is the subject of the court disposition record in
suspense.
new text end

Sec. 5.

Minnesota Statutes 2004, section 299C.11, is
amended to read:

299C.11 IDENTIFICATION DATA FURNISHED TO BUREAU.

(a) Each sheriff and chief of police shall furnish the
bureau, upon such form as the superintendent shall prescribe,
with such finger and thumb prints, photographs, distinctive
physical mark identification data, information on known aliases
and street names, and other identification data as may be
requested or required by the superintendent of the bureau, which
must be taken under the provisions of section 299C.10. In
addition, sheriffs and chiefs of police shall furnish this
identification data to the bureau for individuals found to have
been convicted of a felony, gross misdemeanor, or targeted
misdemeanor, within the ten years immediately preceding their
arrest. new text begin When the bureau learns that an individual who is the
subject of a background check has used, or is using, identifying
information, including, but not limited to, name and date of
birth, other than those listed on the criminal history, the
bureau may add the new identifying information to the criminal
history when supported by fingerprints.
new text end

(b) No petition under chapter 609A is required if the
person has not been convicted of any felony or gross
misdemeanor, either within or without the state, within the
period of ten years immediately preceding the determination of
all pending criminal actions or proceedings in favor of the
arrested person, and either of the following occurred:

(1) all charges were dismissed prior to a determination of
probable cause; or

(2) the prosecuting authority declined to file any charges
and a grand jury did not return an indictment.

Where these conditions are met, the bureau or agency shall, upon
demand, return to the arrested person finger and thumb prints,
photographs, distinctive physical mark identification data,
information on known aliases and street names, and other
identification data, and all copies and duplicates of them.

(c) Except as otherwise provided in paragraph (b), upon the
determination of all pending criminal actions or proceedings in
favor of the arrested person, and the granting of the petition
of the arrested person under chapter 609A, the bureau shall seal
finger and thumb prints, photographs, distinctive physical mark
identification data, information on known aliases and street
names, and other identification data, and all copies and
duplicates of them if the arrested person has not been convicted
of any felony or gross misdemeanor, either within or without the
state, within the period of ten years immediately preceding such
determination.

(d) DNA samples and DNA records of the arrested person
shall not be returned, sealed, or destroyed as to a charge
supported by probable cause.

(e) For purposes of this section:

(1) "determination of all pending criminal actions or
proceedings in favor of the arrested person" does not include:

(i) the sealing of a criminal record pursuant to section
152.18, subdivision 1, 242.31, or chapter 609A;

(ii) the arrested person's successful completion of a
diversion program;

(iii) an order of discharge under section 609.165; or

(iv) a pardon granted under section 638.02; and

(2) "targeted misdemeanor" has the meaning given in section
299C.10, subdivision 1.

Sec. 6.

Minnesota Statutes 2004, section 299C.14, is
amended to read:

299C.14 INFORMATION ON RELEASED PRISONER.

It shall be the duty of the officials having charge of the
penal institutions of the state or the release of prisoners
therefrom to furnish to the bureau, as the superintendent may
require, finger and thumb prints, photographs, distinctive
physical mark identification data, other identification data,
modus operandi reports, and criminal records of prisoners
heretofore, now, or hereafter confined in such penal
institutions, together with the period of their service and the
time, terms, and conditions of their discharge. new text begin This duty to
furnish information includes, but is not limited to, requests
for fingerprints as the superintendent of the bureau deems
necessary to maintain and ensure the accuracy of the bureau's
criminal history files, to reduce the number of suspense files,
or to comply with the mandates of section 299C.111 relating to
the reduction of the number of suspense files where a
disposition record is received that cannot be linked to an
arrest record.
new text end

Sec. 7.

Minnesota Statutes 2004, section 299C.145,
subdivision 3, is amended to read:

Subd. 3.

Authority to enter or retrieve data.

Only deleted text begin law
enforcement deleted text end new text begin criminal justice new text end agencies new text begin , as defined in section
299C.46, subdivision 2, new text end may submit data to and obtain data from
the distinctive physical mark identification system.

Sec. 8.

Minnesota Statutes 2004, section 326.3384,
subdivision 1, is amended to read:

Subdivision 1.

Prohibition.

No license holder or
employee of a license holder shall, in a manner that implies
that the person is an employee or agent of a governmental
agency, display on a badge, identification card, emblem,
vehicle, uniform, stationery, or in advertising for private
detective or protective agent services:

(1) the words new text begin "public safety," new text end "police," "constable,"
"highway patrol," new text begin "state patrol," new text end "sheriff," "trooper," or "law
enforcement"; or

(2) the name of a municipality, county, state, or of the
United States, or any governmental subdivision thereof.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2004, section 609.763,
subdivision 3, is amended to read:

Subd. 3.

Aggregation; jurisdiction.

In a prosecution
under this section, the dollar amounts deleted text begin obtained deleted text end new text begin involved new text end in
violation of subdivision 1 within any 12-month period may be
aggregated and the defendant charged accordingly. When two or
more offenses are committed by the same person in two or more
counties, the defendant may be prosecuted in any county in which
one of the offenses was committed for all of the offenses
aggregated under this subdivision.

Sec. 10.

Minnesota Statutes 2004, section 611A.01, is
amended to read:

611A.01 DEFINITIONS.

For the purposes of sections 611A.01 to 611A.06:

(a) "crime" means conduct that is prohibited by local
ordinance and results in bodily harm to an individual; or
conduct that is included within the definition of "crime" in
section 609.02, subdivision 1, or would be included within that
definition but for the fact that (i) the person engaging in the
conduct lacked capacity to commit the crime under the laws of
this state, or (ii) the act was alleged or found to have been
committed by a juvenile;

(b) "victim" means a natural person who incurs loss or harm
as a result of a crime, including a good faith effort to prevent
a crime, and for purposes of sections 611A.04 and 611A.045, also
includes (i) a corporation that incurs loss or harm as a result
of a crime, (ii) a government entity that incurs loss or harm as
a result of a crime, and (iii) any other entity authorized to
receive restitution under section 609.10 or 609.125. deleted text begin If the
victim is a natural person and is deceased, "victim" means the
deceased's surviving spouse or next of kin deleted text end new text begin The term "victim"
includes the family members, guardian or custodian of a minor,
incompetent, incapacitated, or deceased person. In a case where
the prosecutor finds that the number of family members makes it
impracticable to accord all of the family members the rights
described in sections 611A.02 to 611A.0395, the prosecutor shall
establish a reasonable procedure to give effect to those
rights. The procedure may not limit the number of victim impact
statements submitted to the court under section 611A.038. The
term "victim" does not include the person charged with or
alleged to have committed the crime new text end ; and

(c) "juvenile" has the same meaning as given to the term
"child" in section 260B.007, subdivision 3.

ARTICLE 2

FIRE MARSHAL PROVISIONS

Section 1.

Minnesota Statutes 2004, section 84.362, is
amended to read:

84.362 REMOVAL OF STRUCTURES.

Until after the sale of any parcel of tax-forfeited land,
whether classified as agricultural or nonagricultural hereunder,
the county auditor may, with the approval of the commissioner,
provide new text begin :
new text end

new text begin (1) new text end for the sale or demolition of any structure located
deleted text begin thereon, which deleted text end new text begin on the land that new text end has been determined by the
county board to be deleted text begin within the purview of section 299F.10,
deleted text end new text begin especially liable to fire or so situated as to endanger life or
limb or other buildings or property in the vicinity because of
age, dilapidated condition, defective chimney, defective
electric wiring, any gas connection, heating apparatus, or other
defect; new text end and

new text begin (2) new text end for the sale of salvage material, if any, therefrom.

Sec. 2.

Minnesota Statutes 2004, section 282.04,
subdivision 2, is amended to read:

Subd. 2.

Rights before sale; improvements, insurance,
demolition.

new text begin (a) new text end Before the sale of a parcel of forfeited land
the county auditor may, with the approval of the county board of
commissioners, provide for the repair and improvement of any
building or structure located upon the parcel, and may provide
for maintenance of tax-forfeited lands, if it is determined by
the county board that such repairs, improvements, or maintenance
are necessary for the operation, use, preservation new text begin , new text end and safety
of the building or structure.

new text begin (b) new text end If so authorized by the county board, the county
auditor may insure the building or structure against loss or
damage resulting from fire or windstorm, may purchase workers'
compensation insurance to insure the county against claims for
injury to the persons employed in the building or structure by
the county, and may insure the county, its officers and
employees against claims for injuries to persons or property
because of the management, use new text begin , new text end or operation of the building or
structure.

new text begin (c) new text end The county auditor may, with the approval of the county
board, provide new text begin :
new text end

new text begin (1) new text end for the demolition of the building or structure, which
has been determined by the county board to be deleted text begin within the purview
of section 299F.10, deleted text end new text begin especially liable to fire or so situated as
to endanger life or limb or other buildings or property in the
vicinity because of age, dilapidated condition, defective
chimney, defective electric wiring, any gas connection, heating
apparatus, or other defect; new text end and

new text begin (2) new text end for the sale of salvaged materials from the building or
structure.

new text begin (d) new text end The county auditor, with the approval of the county
board, may provide for the sale of abandoned personal property.
The sale may be made by the sheriff using the procedures for the
sale of abandoned property in section 345.15 or by the county
auditor using the procedures for the sale of abandoned property
in section 504B.271. The net proceeds from any sale of the
personal property, salvaged materials, timber or other products,
or leases made under this law must be deposited in the forfeited
tax sale fund and must be distributed in the same manner as if
the parcel had been sold.

new text begin (e) new text end The county auditor, with the approval of the county
board, may provide for the demolition of any structure on
tax-forfeited lands, if in the opinion of the county board, the
county auditor, and the land commissioner, if there is one, the
sale of the land with the structure on it, or the continued
existence of the structure by reason of age, dilapidated
condition or excessive size as compared with nearby structures,
will result in a material lessening of net tax capacities of
real estate in the vicinity of the tax-forfeited lands, or if
the demolition of the structure or structures will aid in
disposing of the tax-forfeited property.

new text begin (f) new text end Before the sale of a parcel of forfeited land located
in an urban area, the county auditor may with the approval of
the county board provide for the grading of the land by filling
or the removal of any surplus material from it. If the physical
condition of forfeited lands is such that a reasonable grading
of the lands is necessary for the protection and preservation of
the property of any adjoining owner, the adjoining property
owner or owners may apply to the county board to have the
grading done. If, after considering the application, the county
board believes that the grading will enhance the value of the
forfeited lands commensurate with the cost involved, it may
approve it, and the work must be performed under the supervision
of the county or city engineer, as the case may be, and the
expense paid from the forfeited tax sale fund.

Sec. 3.

Minnesota Statutes 2004, section 299F.011,
subdivision 7, is amended to read:

Subd. 7.

Fees.

deleted text begin A fee of $100 shall be charged by deleted text end The
state fire marshal new text begin shall charge a fee of $100 new text end for each plan
review involving:

(1) flammable liquids deleted text begin under Minnesota Rules, part
7510.3650 deleted text end ;

(2) motor vehicle fuel-dispensing stations deleted text begin under Minnesota
Rules, part 7510.3610 deleted text end ; or

(3) liquefied petroleum gases deleted text begin under Minnesota Rules, part
7510.3670 deleted text end .

Sec. 4.

Minnesota Statutes 2004, section 299F.014, is
amended to read:

299F.014 RULES FOR CERTAIN PETROLEUM STORAGE TANKS; TANK
VEHICLE PARKING.

(a) Any rule of the commissioner of public safety that
adopts provisions of the deleted text begin Uniform deleted text end new text begin State new text end Fire Code relating to
aboveground tanks for petroleum storage that are not used for
dispensing to the public is superseded by Minnesota Rules,
chapter 7151, in regard to: secondary containment, substance
transfer areas, tank and piping standards, overfill protection,
corrosion protection, leak detection, labeling, monitoring,
maintenance, record keeping, and decommissioning. If Minnesota
Rules, chapter 7151, does not address an issue relating to
aboveground tanks for petroleum storage that are not used for
dispensing to the public, any applicable provision of the
deleted text begin Uniform deleted text end new text begin State new text end Fire Code deleted text begin , 1997 Edition, shall apply deleted text end new text begin applies new text end .

(b) A motorized tank vehicle used to transport petroleum
products may be parked within 500 feet of a residence if the
vehicle is parked at an aboveground tank facility used for
dispensing petroleum into cargo tanks for sale at another
location.

Sec. 5.

Minnesota Statutes 2004, section 299F.05, is
amended to read:

299F.05 LAW ENFORCEMENT POWERS; INFORMATION SYSTEM.

Subdivision 1.

Investigation, arrest, and prosecution.

deleted text begin The state fire marshal, deleted text end On determining that reasonable grounds
exist to believe that a violation of sections 609.561 to 609.576
has occurred deleted text begin , deleted text end or deleted text begin reasonable grounds to believe deleted text end that some other
crime has occurred in connection with a fire investigated
pursuant to section 299F.04, new text begin the state fire marshal new text end shall so
inform the deleted text begin superintendent of the Bureau of Criminal
Apprehension. The superintendent deleted text end new text begin law enforcement authority
having jurisdiction, who new text end shall cooperate with the fire marshal
and local new text begin fire new text end officials in further investigating the reported
incident in a manner deleted text begin which deleted text end new text begin that new text end may include supervising and
directing the subsequent criminal investigation deleted text begin , deleted text end and taking the
testimony on oath of all persons supposed to be cognizant of any
facts relating to the matter under investigation. deleted text begin If the
superintendent believes deleted text end new text begin On determining new text end that there is evidence
sufficient to charge any person with a violation of sections
609.561 to 609.576, or of any other crime in connection with an
investigated fire, the deleted text begin superintendent deleted text end new text begin authority having
jurisdiction new text end shall deleted text begin arrest or cause deleted text end new text begin have new text end the person deleted text begin to be
deleted text end arrested and charged with the offense and furnish to the proper
prosecuting attorney all relevant evidence, together with the
copy of all names of witnesses and all the information obtained
by the deleted text begin superintendent deleted text end new text begin authority new text end or the state fire marshal,
including a copy of all pertinent and material testimony taken
in the case.

Subd. 2.

Information system.

The state fire marshal deleted text begin and
the superintendent of the Bureau of Criminal Apprehension deleted text end shall
maintain a record of arrests, charges filed, and final
disposition of all fires reported and investigated under
sections 299F.04 and 299F.05. For this purpose new text begin , the Department
of Public Safety shall implement new text end a single reporting system deleted text begin shall
be implemented by the Department of Public Safety deleted text end utilizing the
systems operated by the fire marshal deleted text begin and the bureau deleted text end . The system
deleted text begin shall deleted text end new text begin must new text end be operated in such a way as to minimize duplication
and discrepancies in reported figures.

Sec. 6.

Minnesota Statutes 2004, section 299F.06,
subdivision 1, is amended to read:

Subdivision 1.

Summon witnesses; produce documentary
evidence.

(a) In order to establish if reasonable grounds exist
to believe that a violation of sections 609.561 to 609.576 deleted text begin , deleted text end has
occurred, or to determine compliance with the deleted text begin Uniform deleted text end new text begin State new text end Fire
Code or corrective orders issued deleted text begin thereunder deleted text end new text begin under that code new text end , the
state fire marshal and the staff designated by the state fire
marshal deleted text begin shall have the power deleted text end new text begin , new text end in any county of the state deleted text begin to deleted text end new text begin , may
new text end summon and compel the attendance of witnesses to testify before
the state fire marshal, chief assistant fire marshal, or deputy
state fire marshals deleted text begin , deleted text end and may require the production of any book,
paper, or document deemed pertinent. deleted text begin The state fire marshal may
also designate certain individuals from fire departments in
cities of the first class and cities of the second class as
having the powers set forth in this paragraph. These designated
individuals may only exercise their powers in a manner
prescribed by the state fire marshal. "Fire department" has the
meaning given in section 299F.092, subdivision 6. "Cities of
the first class" and "cities of the second class" have the
meanings given in section 410.01.
deleted text end

(b) A summons issued under this subdivision deleted text begin shall deleted text end new text begin must new text end be
served in the same manner and deleted text begin have deleted text end new text begin has new text end the same effect as
deleted text begin subpoenas deleted text end new text begin a subpoena issued new text end from new text begin a new text end district deleted text begin courts deleted text end new text begin court new text end . All
witnesses deleted text begin shall deleted text end new text begin must new text end receive the same compensation as is paid to
witnesses in district courts, which deleted text begin shall deleted text end new text begin must new text end be paid out of
the fire marshal fund upon deleted text begin vouchers deleted text end new text begin a voucher certificate new text end signed
by the state fire marshal, chief assistant fire marshal, or
deputy fire marshal before whom any witnesses deleted text begin shall deleted text end have
attended and this officer shall, at the close of the
investigation deleted text begin wherein deleted text end new text begin in which new text end the witness was subpoenaed,
certify to the attendance and mileage of the witness deleted text begin , which deleted text end new text begin .
This new text end certificate deleted text begin shall deleted text end new text begin must new text end be filed in the Office of the State
Fire Marshal. All investigations held by or under the direction
of the state fire marshal deleted text begin , deleted text end or any subordinate deleted text begin , deleted text end may new text begin , new text end in the state
fire marshal's discretion new text begin , new text end be private and persons other than
those required to be present by the provisions of this chapter
may be excluded from the place where the investigation is held,
and witnesses may be kept separate and apart from each other and
not allowed to communicate with each other until they have been
examined.

Sec. 7.

Minnesota Statutes 2004, section 299F.19,
subdivision 1, is amended to read:

Subdivision 1.

Rules.

The commissioner of public safety
shall adopt rules for the safekeeping, storage, handling, use,
or other disposition of deleted text begin flammable liquids, flammable gases,
deleted text end blasting agents deleted text begin , deleted text end and explosives. Loads carried in or on
vehicles transporting deleted text begin such deleted text end new text begin these new text end products upon public highways
within this state deleted text begin shall be deleted text end new text begin are new text end governed by the uniform vehicle
size and weights provisions in sections 169.80 to 169.88 and the
transportation of hazardous materials provisions of section
221.033. deleted text begin The rules for flammable liquids and flammable gases
shall be distinguished from each other and from the rules
covering other materials subject to regulation under this
subdivision.
deleted text end

Sec. 8.

Minnesota Statutes 2004, section 299F.19,
subdivision 2, is amended to read:

Subd. 2.

Blasting agent defined; explosives classified.

deleted text begin (a) deleted text end For the purposes of this section deleted text begin , deleted text end and the rules adopted
pursuant deleted text begin thereto, the term deleted text end new text begin to this section:
new text end

new text begin (a) " new text end Blasting agent new text begin " new text end means any material or mixture,
consisting of a fuel and oxidizer, intended for blasting, not
otherwise classified as an explosive and in which none of the
ingredients is classified as an explosive deleted text begin , deleted text end new text begin ; new text end providing that new text begin , new text end the
finished product, as mixed and packaged for use or shipment,
cannot be detonated by means of a number 8 test blasting cap
when unconfined. deleted text begin The term deleted text end new text begin " new text end Blasting agent new text begin " new text end does not include
flammable liquids or flammable gases.

(b) deleted text begin For the purposes of this section, and the rules adopted
pursuant thereto, deleted text end new text begin "Explosive" means any chemical compound,
mixture, or device, the primary or common purpose of which is to
function by explosion. The term includes, but is not limited
to, dynamite, black powder, pellet powder, initiating
explosives, detonators, safety fuses, squibs, detonating cord,
igniter cord, igniters, display fireworks, and class 1.3G
fireworks (formerly classified as Class B special fireworks).
"Explosive" includes any material determined to be within the
scope of United States Code, title 18, chapter 40, and also
includes any material classified as an explosive other than
consumer fireworks, 1.4G (Class C, Common), by the hazardous
materials regulations of the United States Department of
Transportation (DOTn) in Code of Federal Regulations, title 49.
new text end

new text begin (c) new text end Explosives are divided into deleted text begin three classes deleted text end new text begin four
categories new text end and are defined as follows:

deleted text begin (1) class A explosives: possessing detonating or otherwise
maximum hazard, such as dynamite, nitroglycerin, picric acid,
lead azide, fulminate of mercury, blasting caps, and detonating
primers;
deleted text end

deleted text begin (2) class B explosives: possessing flammable hazard, such
as propellant explosives (including some smokeless powders),
black powder, photographic flash powders, and some special
fireworks;
deleted text end

deleted text begin (3) class C explosives: includes certain types of
manufactured articles which contain class A, or class B
explosives, or both, as components but in restricted quantities.
deleted text end

deleted text begin The term explosive or explosives means any chemical compound,
mixture or device, the primary or common purpose of which is to
function by explosion; that is, with substantially instantaneous
release of gas and heat, unless such compound, mixture, or
device is otherwise specifically classified by the United States
Department of Transportation. The term explosives includes all
material which is classified as class A, class B, and class C
explosives by the United States Department of Transportation,
and includes, but is not limited to dynamite, black powder,
pellet powder, initiating explosives, blasting caps, electric
blasting caps, safety fuse, fuse lighters, fuse igniters,
squibs, cordeau detonate fuse, instantaneous fuse, igniter cord,
igniters, and some special fireworks. Commercial explosives are
those explosives which are intended to be used in commercial or
industrial operation. The term explosives does not include
flammable liquids or flammable gases.
deleted text end

new text begin (1) High explosive: explosive material, such as dynamite,
that can be caused to detonate by means of a number eight test
blasting cap when unconfined.
new text end

new text begin (2) Low explosive: explosive material that will burn or
deflagrate when ignited, characterized by a rate of reaction
that is less than the speed of sound, including, but not limited
to, black powder, safety fuse, igniters, igniter cord, fuse
lighters, class 1.3G fireworks (formerly classified as Class B
special fireworks), and class 1.3C propellants.
new text end

new text begin (3) Mass-detonating explosives: division 1.1, 1.2, and 1.5
explosives alone or in combination, or loaded into various types
of ammunition or containers, most of which can be expected to
explode virtually instantaneously when a small portion is
subjected to fire, severe concussion, impact, the impulse of an
initiating agent, or the effect of a considerable discharge of
energy from without. Materials that react in this manner
represent a mass explosion hazard. Such an explosive will
normally cause severe structural damage to adjacent objects.
Explosive propagation could occur immediately to other items of
ammunition and explosives stored sufficiently close to and not
adequately protected from the initially exploding pile with a
time interval short enough so that two or more quantities must
be considered as one for quantity-distance purposes.
new text end

new text begin (4) United Nations/United States Department of
Transportation (UN/DOTn) Class 1 explosives: the hazard class
of explosives that further defines and categorizes explosives
under the current system applied by DOTn for all explosive
materials into further divisions as follows, with the letter G
identifying the material as a pyrotechnic substance or article
containing a pyrotechnic substance and similar materials:
new text end

new text begin (i) Division 1.1 explosives have a mass explosion hazard.
A mass explosion is one that affects almost the entire load
instantaneously.
new text end

new text begin (ii) Division 1.2 explosives have a projection hazard but
not a mass explosion hazard.
new text end

new text begin (iii) Division 1.3 explosives have a fire hazard and either
a minor blast hazard or a minor projection hazard or both, but
not a mass explosion hazard.
new text end

new text begin (iv) Division 1.4 explosives pose a minor explosion
hazard. The explosive effects are largely confined to the
package and no projection of fragments of appreciable size or
range is to be expected. An external fire must not cause
virtually instantaneous explosion of almost the entire contents
of the package.
new text end

new text begin (v) Division 1.5 explosives are very insensitive and are
comprised of substances that have a mass explosion hazard, but
are so insensitive that there is very little probability of
initiation or of transition from burning to detonation under
normal conditions of transport.
new text end

new text begin (vi) Division 1.6 explosives are extremely insensitive and
do not have a mass explosion hazard, comprised of articles that
contain only extremely insensitive detonating substances and
that demonstrate a negligible probability of accidental
initiation or propagation.
new text end

Sec. 9.

Minnesota Statutes 2004, section 299F.362,
subdivision 3, is amended to read:

Subd. 3.

Smoke detector for any dwelling.

Every dwelling
unit within a dwelling deleted text begin shall deleted text end new text begin must new text end be provided with a smoke
detector meeting the requirements of deleted text begin Underwriters Laboratories,
Inc., or approved by the International Conference of Building
Officials deleted text end new text begin the State Fire Code new text end . The detector deleted text begin shall deleted text end new text begin must new text end be
mounted in accordance with the rules regarding smoke detector
location deleted text begin promulgated deleted text end new text begin adopted new text end under deleted text begin the provisions of deleted text end subdivision
2. When actuated, the detector deleted text begin shall deleted text end new text begin must new text end provide an alarm in
the dwelling unit.

Sec. 10.

Minnesota Statutes 2004, section 299F.362,
subdivision 4, is amended to read:

Subd. 4.

Smoke detector for apartment, lodging house, or
hotel.

Every dwelling unit within an apartment house and every
guest room in a lodging house or hotel used for sleeping
purposes deleted text begin shall deleted text end new text begin must new text end be provided with a smoke detector conforming
to the requirements of deleted text begin Underwriters Laboratories, Inc., or
approved by the International Conference of Building
Officials deleted text end new text begin the State Fire Code new text end . In dwelling units, detectors
deleted text begin shall deleted text end new text begin must new text end be mounted in accordance with the rules regarding
smoke detector location deleted text begin promulgated deleted text end new text begin adopted new text end under deleted text begin the provisions
of deleted text end subdivision 2. When actuated, the detector deleted text begin shall deleted text end new text begin must
new text end provide an alarm in the dwelling unit or guest room.

Sec. 11.

Minnesota Statutes 2004, section 624.22,
subdivision 1, is amended to read:

Subdivision 1.

General requirements; permit;
investigation; fee.

(a) Sections 624.20 to 624.25 do not
prohibit the supervised display of fireworks by a statutory or
home rule charter city, fair association, amusement park, or
other organization, except that:

(1) a fireworks display may be conducted only when
supervised by an operator certified by the state fire marshal;
and

(2) a fireworks display must either be given by a
municipality or fair association within its own limits, or by
any other organization, whether public or private, only after a
permit for the display has first been secured.

(b) An application for a permit for an outdoor fireworks
display must be made in writing to the municipal clerk at least
15 days in advance of the date of the display and must list the
name of an operator who is certified by the state fire marshal
and will supervise the display. The application must be
promptly referred to the chief of the fire department, who shall
make an investigation to determine whether the operator of the
display is competent and is certified by the state fire marshal,
and whether the display is of such a character and is to be so
located, discharged, or fired that it will not be hazardous to
property or endanger any person. The fire chief shall report
the results of this investigation to the clerk. If the fire
chief reports that the operator is certified, that in the
chief's opinion the operator is competent, and that the
fireworks display as planned will conform to the safety
guidelines of the state fire marshal provided for in paragraph
(f), the clerk shall issue a permit for the display when the
applicant pays a permit fee.

(c) When the supervised outdoor fireworks display for which
a permit is sought is to be held outside the limits of an
incorporated municipality, the application must be made to the
county auditor, and the auditor shall perform duties imposed by
sections 624.20 to 624.25 upon the clerk of the municipality.
When an application is made to the auditor, the county sheriff
shall perform the duties imposed on the fire chief of the
municipality by sections 624.20 to 624.25.

(d) An application for an indoor fireworks display permit
must be made in writing to the state fire marshal by the
operator of the facility in which the display is to occur at
least 15 days in advance of the date of any performance, show,
or event which will include the discharge of fireworks inside a
building or structure. The application must list the name of an
operator who is certified by the state fire marshal and will
supervise the display. The state fire marshal shall make an
investigation to determine whether the operator of the display
is competent and is properly certified and whether the display
is of such a character and is to be so located, discharged, or
fired that it will not be hazardous to property or endanger any
person. If the state fire marshal determines that the operator
is certified and competent, that the indoor fireworks display as
planned will conform to the safety guidelines provided for in
paragraph (f), and that adequate notice will be given to inform
patrons of the indoor fireworks display, the state fire marshal
shall issue a permit for the display when the applicant pays an
indoor fireworks fee of $150 and reimburses the fire marshal for
costs of inspection. Receipts from the indoor fireworks fee and
inspection reimbursements must be deposited in the general fund
as a nondedicated receipt. The state fire marshal may issue a
single permit for multiple indoor fireworks displays when all of
the displays are to take place at the same venue as part of a
series of performances by the same performer or group of
performers. A copy of the application must be promptly conveyed
to the chief of the local fire department, who shall make
appropriate preparations to ensure public safety in the vicinity
of the display. The operator of a facility where an indoor
fireworks display occurs must provide notice in a prominent
place as approved by the state fire marshal to inform patrons
attending a performance when indoor fireworks will be part of
that performance. The state fire marshal may grant a local fire
chief the authority to issue permits for indoor fireworks
displays. Before issuing a permit, a local fire chief must make
the determinations required in this paragraph.

(e) After a permit has been granted under either paragraph
(b) or (d), sales, possession, use and distribution of fireworks
for a display are lawful for that purpose only. A permit is not
transferable.

(f) The state fire marshal shall adopt and disseminate to
political subdivisions rules establishing guidelines on
fireworks display safety that are consistent with sections
624.20 to 624.25 and the most recent deleted text begin editions deleted text end new text begin edition new text end of the
deleted text begin Minnesota Uniform deleted text end new text begin State new text end Fire Code deleted text begin and the National Fire
Protection Association Standards deleted text end , to insure that fireworks
displays are given safely. In the guidelines, the state fire
marshal shall allow political subdivisions to exempt the use of
relatively safe fireworks for theatrical special effects,
ceremonial occasions, and other limited purposes, as determined
by the state fire marshal.

Sec. 12. new text begin INSTRUCTION TO REVISOR.
new text end

new text begin The revisor of statutes shall change the terms "Minnesota
Uniform Fire Code" and "Uniform Fire Code" to "State Fire Code"
where found in Minnesota Statutes, sections 16B.61, subdivision
2; 126C.10, subdivision 14; 136F.61; 245A.151; 299F.011,
subdivisions 1, 4, 4b, 4c, 5, and 6; 299F.013; 299F.015,
subdivision 1; 299F.06, subdivision 1; 299F.092, subdivision 6;
299F.093, subdivision 1; 299F.362, subdivision 6; 299F.391,
subdivisions 2 and 3; 299M.12; 414.0325, subdivision 5; and
462.3585.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 69.011, subdivision 5;
299F.011, subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12;
299F.13; 299F.14; 299F.15; 299F.16; 299F.17; 299F.361; 299F.451;
and 299F.452, are repealed.
new text end