HF 1992

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; modifying provisions
relating to state fire marshal; making clarifying
changes; amending Minnesota Statutes 2004, sections
299F.05; 299F.051, subdivision 4; 299F.06, subdivision
1.

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

Section 1.

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. 2.

Minnesota Statutes 2004, section 299F.051,
subdivision 4, is amended to read:

Subd. 4.

Cooperative investigation deleted text begin ; reimbursement deleted text end .

The
state fire marshal and the superintendent of the Bureau of
Criminal Apprehension shall encourage the cooperation of local
firefighters and peace officers in the investigation of
violations of sections 609.561 to 609.576 or other crimes
associated with reported fires in all appropriate ways deleted text begin ,
including providing reimbursement to political subdivisions at a
rate not to exceed 50 percent of the salaries of peace officers
and firefighters for time spent in attending fire investigation
training courses offered by the arson training unit. Volunteer
firefighters from a political subdivision shall be reimbursed at
the rate of $35 per day plus expenses incurred in attending fire
investigation training courses offered by the arson training
unit. Reimbursement shall be made only in the event that both a
peace officer and a firefighter from the same political
subdivision attend the same training course. The reimbursement
shall be subject to the limitation of funds appropriated and
available for expenditure. The state fire marshal and the
superintendent also shall encourage local firefighters and peace
officers to seek assistance from the arson strike force
established in section 299F.058 deleted text end .

Sec. 3.

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.