1.1                          A bill for an act 
  1.2             relating to public safety; transferring additional 
  1.3             responsibilities to state fire marshal and authorizing 
  1.4             support, as requested, of fire administration support 
  1.5             teams and critical incident stress response; 
  1.6             re-creating fire marshal account to help fund 
  1.7             administration of division of fire marshal and its 
  1.8             activities; appropriating money; amending Minnesota 
  1.9             Statutes 2000, sections 221.0355, subdivision 18; 
  1.10            299F.01; 299F.11, subdivision 2; 299M.10; and 299M.11, 
  1.11            subdivision 5; proposing coding for new law in 
  1.12            Minnesota Statutes, chapter 299F. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2000, section 221.0355, 
  1.15  subdivision 18, is amended to read: 
  1.16     Subd. 18.  [DEPOSIT AND USE OF FEES.] Fees received by the 
  1.17  commissioner for administrative processing and investigating 
  1.18  information in a disclosure statement must be deposited in the 
  1.19  state treasury and credited to the trunk highway fund.  
  1.20  Notwithstanding section 221.82, registration fees collected 
  1.21  under subdivisions 4, 5, 7, and 7a must be deposited in the 
  1.22  state treasury, credited to the ~~general fund~~ state fire marshal 
  1.23  account established in section 299F.211, and used to cover the 
  1.24  costs of hazardous materials incident response capability under 
  1.25  sections 299A.48 to 299A.52 and 299K.095. 
  1.26     Sec. 2.  Minnesota Statutes 2000, section 299F.01, is 
  1.27  amended to read: 
  1.28     299F.01 [FIRE MARSHAL.] 
  1.29     Subdivision 1.  [COMMISSIONER'S POWERS AND DUTIES 
  2.1   TRANSFERRED.] All the powers and duties now vested in or imposed 
  2.2   upon the commissioner of commerce as ex officio state fire 
  2.3   marshal as prescribed in Minnesota Statutes, chapters 73, 74, 
  2.4   75, 76, and any other law, are hereby transferred to, vested in, 
  2.5   and imposed upon the commissioner of public safety.  The duties 
  2.6   and responsibilities of the commissioner of commerce as ex 
  2.7   officio state fire marshal as heretofore constituted are 
  2.8   abolished.  
  2.9      Subd. 2.  [DIVISION CREATED; STATE FIRE MARSHAL.] A 
  2.10  division in the department of public safety to be known as the 
  2.11  division of fire marshal is hereby created, under the 
  2.12  supervision and control of the state fire marshal, to whom ~~shall~~ 
  2.13  ~~be~~ is assigned the duties and responsibilities described in this 
  2.14  ~~section~~ chapter.  The commissioner may place the fire marshal's 
  2.15  position in the unclassified service if the position meets the 
  2.16  criteria of section 43A.08, subdivision 1a. 
  2.17     Subd. 3.  [OTHER DUTIES.] The state fire marshal shall also 
  2.18  administer and oversee the fire protection systems requirements 
  2.19  of sections 299M.03 and 299M.04 and the fireworks certification 
  2.20  and review requirements established in section 624.22, 
  2.21  subdivisions 3 and 7.  The division of fire marshal may support 
  2.22  the fire administration support teams and critical incident 
  2.23  stress response activities when requested by the Minnesota Fire 
  2.24  Services Joint Council. 
  2.25     Sec. 3.  Minnesota Statutes 2000, section 299F.11, 
  2.26  subdivision 2, is amended to read: 
  2.27     Subd. 2.  [AUCTION FOR SALVAGE MATERIAL.] In all cases 
  2.28  where the order of the court has not been complied with and the 
  2.29  state fire marshal is authorized to proceed with the demolition 
  2.30  of any building or structure, the state fire marshal shall sell 
  2.31  and dispose of the salvage materials therefrom at public auction 
  2.32  upon three days' posted notice and all expenses incurred by the 
  2.33  state fire marshal shall be paid out of the moneys received from 
  2.34  the auction of salvage material, and any deficit remaining 
  2.35  unpaid thereafter may be paid out of the funds created by and 
  2.36  provided for in section ~~299F.21~~ 299F.211.  Should any surplus 
  3.1   remain of the amount received for salvage material, after 
  3.2   deducting the expenses incurred by the state fire marshal, this 
  3.3   surplus shall be paid to the treasurer of the county where the 
  3.4   property was situated to be distributed by the treasurer as 
  3.5   provided by law.  
  3.6      Sec. 4.  [299F.211] [STATE FIRE MARSHAL ACCOUNT.] 
  3.7      Subdivision 1.  [ACCOUNT CREATED.] The fire marshal account 
  3.8   is created in the general fund.  The account consists of the tax 
  3.9   proceeds collected under subdivision 2 and imposed by section 
  3.10  297I.05, subdivision 6, the revenues dedicated under section 
  3.11  299F.221, and money appropriated to the account by the 
  3.12  legislature. 
  3.13     Subd. 2.  [TAX COLLECTION SCHEDULE.] On or before April 15, 
  3.14  June 15, and December 15 of each year, every insurance company, 
  3.15  as defined in section 60A.02, subdivision 4, that is required to 
  3.16  pay the tax imposed under section 297I.05, subdivision 6, shall 
  3.17  pay to the commissioner of revenue installments equal to 
  3.18  one-third of the annual tax owed under section 297I.05, 
  3.19  subdivision 6.  The commissioner shall credit these tax proceeds 
  3.20  to the fire marshal account.  For purposes of this section and 
  3.21  section 297I.05, subdivision 6, the dividends or savings paid or 
  3.22  credited to members in this state by a mutual company or 
  3.23  reciprocal exchange are deemed to be return premiums. 
  3.24     Subd. 3.  [SANCTION FOR LATE OR INSUFFICIENT PAYMENT.] A 
  3.25  company that fails to make payments of at least one-third of 
  3.26  either (1) the total tax paid during the previous calendar year 
  3.27  or (2) 80 percent of the actual tax for the current calendar 
  3.28  year is subject to the penalty and interest provided in this 
  3.29  chapter, unless the total tax for the current year is $500 or 
  3.30  less. 
  3.31     Sec. 5.  [299F.221] [ACCOUNT EXPENDITURES; APPROPRIATION.] 
  3.32     (a) The proceeds of any fines, fees, orders, penalties, and 
  3.33  other revenues generated by the actions or authority of the 
  3.34  state fire marshal under sections 221.0355, subdivision 18, 
  3.35  299A.49 to 299A.52, 299M.04, 299M.10, 299M.11, and 624.22, must 
  3.36  be deposited in the state treasury and credited to the fire 
  4.1   marshal account established in section 299F.211. 
  4.2      (b) Funds in the account are annually appropriated to the 
  4.3   commissioner of public safety for administering and maintaining 
  4.4   the department's division of fire marshal and funding program 
  4.5   responsibilities and activities of the office.  
  4.6      Sec. 6.  Minnesota Statutes 2000, section 299M.10, is 
  4.7   amended to read: 
  4.8      299M.10 [MONEY CREDITED TO ~~GENERAL FUND~~ FIRE MARSHAL 
  4.9   ACCOUNT.] 
  4.10     The fees and penalties collected under this chapter, except 
  4.11  as provided in section 299M.07, must be deposited in the state 
  4.12  treasury and credited to the ~~general fund~~ fire marshal account 
  4.13  established in section 299F.211.  Money received by the state 
  4.14  fire marshal division in the form of gifts, grants, 
  4.15  reimbursements, or appropriation from any source for the 
  4.16  administration of this chapter must also be deposited in the 
  4.17  state treasury and credited to ~~the general fund~~ the fire marshal 
  4.18  account. 
  4.19     Sec. 7.  Minnesota Statutes 2000, section 299M.11, 
  4.20  subdivision 5, is amended to read: 
  4.21     Subd. 5.  [DEPOSIT OF FEES.] Fees collected under this 
  4.22  section must be deposited in the state treasury and credited to 
  4.23  the ~~general fund~~ fire marshal account.