1.1 	A bill for an act
1.2 	relating to public safety; modifying provisions
1.3 	relating to state fire marshal; making clarifying
1.4 	changes; amending Minnesota Statutes 2004, sections
1.5 	299F.05; 299F.051, subdivision 4; 299F.06, subdivision
1.6 	1.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 299F.05, is
1.9 	amended to read:
1.10 	299F.05 LAW ENFORCEMENT POWERS; INFORMATION SYSTEM.
1.11 		Subdivision 1.Investigation, arrest, and prosecution.
 1.12 	~~The state fire marshal,~~On determining that reasonable grounds
1.13 	exist to believe that a violation of sections 609.561 to 609.576
1.14 	has occurred~~,~~or ~~reasonable grounds to believe~~ that some other
1.15 	crime has occurred in connection with a fire investigated
1.16 	pursuant to section 299F.04, the state fire marshal shall so
1.17 	inform the ~~superintendent of the Bureau of Criminal~~
1.18 	~~Apprehension.  The superintendent~~ law enforcement authority
1.19 	having jurisdiction, who shall cooperate with the fire marshal
1.20 	and local fire officials in further investigating the reported
1.21 	incident in a manner ~~which~~ that may include supervising and
1.22 	directing the subsequent criminal investigation~~,~~and taking the
1.23 	testimony on oath of all persons supposed to be cognizant of any
1.24 	facts relating to the matter under investigation. ~~If the~~
1.25 	~~superintendent believes~~ On determining that there is evidence
1.26 	sufficient to charge any person with a violation of sections
2.1 	609.561 to 609.576, or of any other crime in connection with an
2.2 	investigated fire, the ~~superintendent~~ authority having
2.3 	jurisdiction shall ~~arrest or cause~~ have the person ~~to be~~ 
2.4 	arrested and charged with the offense and furnish to the proper
2.5 	prosecuting attorney all relevant evidence, together with the
2.6 	copy of all names of witnesses and all the information obtained
2.7 	by the ~~superintendent~~ authority or the state fire marshal,
2.8 	including a copy of all pertinent and material testimony taken
2.9 	in the case.
2.10 		Subd. 2.Information system. The state fire marshal ~~and~~
2.11 	~~the superintendent of the Bureau of Criminal Apprehension~~ shall
2.12 	maintain a record of arrests, charges filed, and final
2.13 	disposition of all fires reported and investigated under
2.14 	sections 299F.04 and 299F.05.  For this purpose, the Department
2.15 	of Public Safety shall implement a single reporting system ~~shall~~
2.16 	~~be implemented by the Department of Public Safety~~ utilizing the
2.17 	systems operated by the fire marshal ~~and the bureau~~.  The system
2.18 	~~shall~~ must be operated in such a way as to minimize duplication
2.19 	and discrepancies in reported figures.

2.20 	Sec. 2. Minnesota Statutes 2004, section 299F.051,
2.21 	subdivision 4, is amended to read:
2.22 		Subd. 4.Cooperative investigation~~; reimbursement~~.  The
2.23 	state fire marshal and the superintendent of the Bureau of
2.24 	Criminal Apprehension shall encourage the cooperation of local
2.25 	firefighters and peace officers in the investigation of
2.26 	violations of sections 609.561 to 609.576 or other crimes
2.27 	associated with reported fires in all appropriate ways~~,~~
2.28 	~~including providing reimbursement to political subdivisions at a~~
2.29 	~~rate not to exceed 50 percent of the salaries of peace officers~~
2.30 	~~and firefighters for time spent in attending fire investigation~~
2.31 	~~training courses offered by the arson training unit.  Volunteer~~
2.32 	~~firefighters from a political subdivision shall be reimbursed at~~
2.33 	~~the rate of $35 per day plus expenses incurred in attending fire~~
2.34 	~~investigation training courses offered by the arson training~~
2.35 	~~unit.  Reimbursement shall be made only in the event that both a~~
2.36 	~~peace officer and a firefighter from the same political~~
3.1 	~~subdivision attend the same training course.  The reimbursement~~
3.2 	~~shall be subject to the limitation of funds appropriated and~~
3.3 	~~available for expenditure.  The state fire marshal and the~~
3.4 	~~superintendent also shall encourage local firefighters and peace~~
3.5 	~~officers to seek assistance from the arson strike force~~
3.6 	~~established in section 299F.058~~.

3.7 	Sec. 3. Minnesota Statutes 2004, section 299F.06,
3.8 	subdivision 1, is amended to read:
3.9 		Subdivision 1.Summon witnesses; produce documentary
3.10 	evidence.  (a) In order to establish if reasonable grounds exist
3.11 	to believe that a violation of sections 609.561 to 609.576~~,~~has
3.12 	occurred, or to determine compliance with the ~~Uniform~~ State Fire
3.13 	Code or corrective orders issued ~~thereunder~~ under that code, the
3.14 	state fire marshal and the staff designated by the state fire
3.15 	marshal ~~shall have the power~~ ,in any county of the state ~~to~~ , may 
3.16 	summon and compel the attendance of witnesses to testify before
3.17 	the state fire marshal, chief assistant fire marshal, or deputy
3.18 	state fire marshals~~,~~and may require the production of any book,
3.19 	paper, or document deemed pertinent. ~~The state fire marshal may~~
3.20 	~~also designate certain individuals from fire departments in~~
3.21 	~~cities of the first class and cities of the second class as~~
3.22 	~~having the powers set forth in this paragraph.  These designated~~
3.23 	~~individuals may only exercise their powers in a manner~~
3.24 	~~prescribed by the state fire marshal.  "Fire department" has the~~
3.25 	~~meaning given in section 299F.092, subdivision 6.  "Cities of~~
3.26 	~~the first class" and "cities of the second class" have the~~
3.27 	~~meanings given in section 410.01.~~
3.28 	(b) A summons issued under this subdivision ~~shall~~ must be
3.29 	served in the same manner and ~~have~~ has the same effect as
3.30 	~~subpoenas~~ a subpoena issued from a district ~~courts~~ court.  All
3.31 	witnesses ~~shall~~ must receive the same compensation as is paid to
3.32 	witnesses in district courts, which ~~shall~~ must be paid out of
3.33 	the fire marshal fund upon ~~vouchers~~ a voucher certificate signed
3.34 	by the state fire marshal, chief assistant fire marshal, or
3.35 	deputy fire marshal before whom any witnesses ~~shall~~ have
3.36 	attended and this officer shall, at the close of the
4.1 	investigation ~~wherein~~ in which the witness was subpoenaed,
4.2 	certify to the attendance and mileage of the witness~~, which~~ .
4.3 	This certificate ~~shall~~ must be filed in the Office of the State
4.4 	Fire Marshal.  All investigations held by or under the direction
4.5 	of the state fire marshal~~,~~or any subordinate~~,~~may,in the state
4.6 	fire marshal's discretion,be private and persons other than
4.7 	those required to be present by the provisions of this chapter
4.8 	may be excluded from the place where the investigation is held,
4.9 	and witnesses may be kept separate and apart from each other and
4.10 	not allowed to communicate with each other until they have been
4.11 	examined.