piers109uk/MN-Statutes huggingface dataset:
298.001 DEFINITIONS.
As used in this chapter, the terms defined in this section have the meanings given in this section.
"City" includes any home rule charter city, statutory city, or any city however organized.
"Person" means individuals, fiduciaries, estates, trusts, partnerships, companies, joint stock companies, corporations, and all associations.
"Producer" means a person engaged in the business of mining or producing iron ore, taconite concentrate, or direct reduced ore in this state.
"Taconite" means ferruginous chert or ferruginous slate in the form of compact, siliceous rock, in which the iron oxide is so finely disseminated that substantially all of the iron-bearing particles of merchantable grade are smaller than 20 mesh and which is not merchantable as iron ore in its natural state, and which cannot be made merchantable by simple methods of beneficiation involving only crushing, screening, washing, jigging, drying, or any combination thereof.
"Iron sulphides" means chemical combinations of iron and sulphur (mineralogically known as pyrrhotite, pyrites, or marcasite), in relatively impure condition, which are not merchantable as iron ore and which cannot be made merchantable by the simple methods of beneficiation above described.
"Semitaconite" means altered iron formation, altered taconite, ferruginous chert, or ferruginous slate which has been oxidized and partially leached and in which the iron oxide is so finely disseminated that substantially all of the iron-bearing particles of merchantable grade are smaller than 20 mesh and which is not merchantable as iron ore in its natural state, and which cannot be made merchantable by simple methods of beneficiation involving only crushing, screening, washing, jigging, heavy media separation, spirals, cyclones, drying, or any combination thereof.
"Agglomerates" means the merchantable iron ore aggregates which are produced by agglomeration.
"Commissioner" means the commissioner of revenue of the state of Minnesota, except that when used in sections 298.22 to 298.227 and 298.291 to 298.297, "commissioner" means the commissioner of Iron Range resources and rehabilitation.
"Other iron-bearing material" means the material described in section 298.405.
"Refining" means and is limited to refining:
(1) of ores, metals, or mineral products, the mining, extraction, or quarrying of which were subject to tax under section 298.015; and
(2) carried out by the entity, or an affiliated entity, that mined, extracted, or quarried the metal or mineral products.
"Direct reduced ore" means ore that results in a product that has an iron content of at least 75 percent.
"Advisory board" means the Iron Range Resources and Rehabilitation Board, as established under section 298.22. The acronym "IRRRB" means the advisory board.
"Merchantable iron ore concentrate" means iron-bearing material that has been treated in Minnesota by any means of beneficiation, separation, concentration, or refinement for the purpose of making it salable for its iron ore content.
298.015 GROSS PROCEEDS TAX ON MINING.
A person engaged in the business of mining shall pay to the state of Minnesota for distribution as provided in section 298.018 a gross proceeds tax equal to 0.4 percent of the gross proceeds from mining in Minnesota. The tax applies to all ores, metals, and minerals mined, extracted, produced, or refined within the state of Minnesota except for sand, silica sand, gravel, building stone, crushed rock, limestone, granite, dimension granite, dimension stone, horticultural peat, clay, soil, iron ore, and taconite concentrates. The tax is in addition to all other taxes provided for by law.
For purposes of this section, the term "gross proceeds" means the gross proceeds from mining, as defined in section 298.016.
(a) A person who has obtained all required permits to mine all ores and metals, except for sand, silica sand, gravel, building stone, crushed rock, limestone, granite, dimension granite, dimension stone, horticultural peat, clay, soil, iron ore, and iron concentrates, is annually subject to the minimum payment under this subdivision, unless:
(1) the tax imposed on the person under subdivision 1 in a given year is greater than zero;
(2) the person demonstrates to the commissioner of revenue that it is legally prohibited from engaging in the business of mining under a permit it has obtained; or
(3) the mine is in the process of closure, as defined Minnesota Rules, part 6132.0100, subpart 6, and the commissioner of the natural resources determines that the person will no longer engage in mining at the mine.
(b) The annual minimum payment under this subdivision is (1) $2,000,000, multiplied by (2) the number of months in a calendar year the individual is subject to the minimum payment under this subdivision, as determined under paragraph (a), divided by 12.
299A.81 DEATH SCENE INVESTIGATIONS.
(a) The Department of Public Safety shall provide information to local law enforcement agencies about best practices for handling death scene investigations.
(b) The Department of Public Safety shall identify any publications or training opportunities that may be available to local law enforcement agencies or law enforcement officers concerning the handling of death scene investigations.
298.016 GROSS PROCEEDS.
When a metal or mineral product is sold by the producer in an arm's-length transaction, the gross proceeds are equal to the proceeds from the sale of the product. This subdivision applies to sales realized on all metal or mineral products produced from mining, including reduction, beneficiation, or any treatment used by a producer to obtain a metal or mineral product which is commercially marketable.
When a metal or mineral product is used by the producer or disposed of in a non-arm's-length transaction, the gross proceeds must be determined using the alternative computation in subdivision 3. Transactions subject to this subdivision include, but are not limited to, shipments to a wholly owned smelter, transactions with associated or affiliated companies, and any other transactions which are not at arm's length.
(a) The commissioner of revenue shall determine the alternative computation of gross proceeds using the following procedure:
(1) Metal and mineral prices shall be determined by using the average annual market price as published in the Engineering and Mining Journal;
(2) For metals or mineral products with a monthly or weekly price quotation in the Engineering and Mining Journal, but for which no average annual price has been published, an arithmetic average of the monthly or weekly prices published in the Engineering and Mining Journal shall be used;
(3) If the price of a particular metal or mineral product is not published in the Engineering and Mining Journal, another recognized published price, as established by the commissioner of revenue will be used.
(b) The quantity of each particular metal or mineral product recovered and paid or credited for by the smelter will be multiplied by the average annual market price as determined in clause (a). Special smelter charges for particular metals will be allowed as a deduction from this price. The resulting amount will be the gross proceeds for calculating the tax in section 298.015.
For the purposes of this section, "metal or mineral products" means all those ores, metals, and minerals subject to the tax provided in section 298.015.
299C.01 CRIMINAL BUREAU.
[Repealed, 2014 c 212 art 4 s 3]
A division in the Department of Public Safety to be known as the Bureau of Criminal Apprehension is hereby created, under the supervision and control of the superintendent of criminal apprehension, who shall be appointed by the commissioner and serve at the commissioner's pleasure in the unclassified service of the state civil service, to whom shall be assigned the duties and responsibilities described in this section.
[Repealed, 1984 c 649 s 6]
The Division of the Bureau of Criminal Apprehension shall perform such functions and duties as relate to statewide and nationwide crime information systems as the commissioner may direct.
299C.03 SUPERINTENDENT; RULES.
The superintendent, with the approval of the commissioner of public safety, from time to time, shall make such rules and adopt such measures as the superintendent deems necessary, within the provisions and limitations of sections 299C.03 to 299C.08, 299C.10, 299C.105, 299C.11, 299C.17, 299C.18, and 299C.21, to secure the efficient operation of the bureau. The bureau shall cooperate with the respective sheriffs, police, and other peace officers of the state in the detection of crime and the apprehension of criminals throughout the state, and shall have the power to conduct such investigations as the superintendent, with the approval of the commissioner of public safety, may deem necessary to secure evidence which may be essential to the apprehension and conviction of alleged violators of the criminal laws of the state. The various members of the bureau shall have and may exercise throughout the state the same powers of arrest possessed by a sheriff, but they shall not be employed to render police service in connection with strikes and other industrial disputes.
611A.51 TITLE.
Sections 611A.51 to 611A.68 shall be known as the "Minnesota Crime Victims Reimbursement Act."
299C.05 CRIME DATA COLLECTION.
It shall be the duty of this division to collect, and preserve as a record of the bureau, information concerning the number and nature of offenses known to have been committed in the state, of the legal steps taken in connection therewith from the inception of the complaint to the final discharge of the defendant, and such other information as may be useful in the study of crime and the administration of justice. The information so collected and preserved shall include such data as may be requested by the United States Department of Justice, at Washington, under its national system of crime reporting. To the extent possible, the superintendent must utilize a nationally recognized system or standard approved by the Federal Bureau of Investigation to collect and preserve crime data.
299C.055 LEGISLATIVE REPORT ON FUSION CENTER ACTIVITIES.
(a) The superintendent must prepare an annual report for the public and the legislature on the Minnesota Fusion Center (MNFC) that includes general information about the MNFC; the types of activities it monitors; the scale of information it collects; the local, state, and federal agencies with which it shares information; and the quantifiable benefits it produces. None of the reporting requirements in this section supersede chapter 13 or any other state or federal law. The superintendent must report on activities for the preceding calendar year unless another time period is specified. The report must include the following information, to the extent allowed by other law:
(1) the MNFC's operating budget for the current biennium, number of staff, and staff duties;
(2) the number of publications generated and an overview of the type of information provided in the publications, including products such as law enforcement briefs, partner briefs, risk assessments, threat assessments, and operational reports;
(3) a summary of audit findings for the MNFC and what corrective actions were taken pursuant to audits;
(4) the number of data requests received by the MNFC and a general description of those requests;
(5) the types of surveillance and data analysis technologies utilized by the MNFC, such as artificial intelligence or social media analysis tools;
(6) a description of the commercial and governmental databases utilized by the MNFC to the extent permitted by law;
(7) the number of suspicious activity reports (SARs) received and processed by the MNFC;
(8) the number of SARs received and processed by the MNFC that were converted into Bureau of Criminal Apprehension case files, that were referred to the Federal Bureau of Investigation, or that were referred to local law enforcement agencies;
(9) the number of SARs received and processed by the MNFC that involve an individual on the Terrorist Screening Center watchlist;
(10) the number of requests for information (RFIs) that the MNFC received from law enforcement agencies and the number of responses to federal requests for RFIs;
(11) the names of the federal agencies the MNFC received data from or shared data with;
(12) the names of the agencies that submitted SARs;
(13) a summary description of the MNFC's activities with the Joint Terrorism Task Force; and
(14) the number of investigations aided by the MNFC's use of SARs and RFIs.
(b) The report shall be provided to the chairs and ranking minority members of the committees of the house of representatives and senate with jurisdiction over data practices and public safety issues, and shall be posted on the MNFC website by February 15 each year beginning on February 15, 2024.
299C.06 DIVISION POWERS AND DUTIES; COOPERATION.
It shall be the duty of all sheriffs, chiefs of police, prison wardens, superintendents of hospitals for persons with mental illnesses, reformatories, and correctional schools, probation and parole officers, school attendance officers, coroners, county attorneys, court clerks, the commissioner of public safety, the commissioner of transportation, and the state fire marshal to furnish to the division statistics and information regarding the number of crimes reported and discovered; arrests made; complaints, informations, and indictments filed, and the disposition made of same; pleas, convictions, acquittals, probations granted or denied; conditional release information; receipts, transfers, and discharges to and from prisons, reformatories, correctional schools, and other institutions; paroles granted and revoked; commutation of sentences and pardons granted and rescinded; and all other data useful in determining the cause and amount of crime in this state and to form a basis for the study of crime, police methods, court procedure, and penal problems. Such statistics and information shall be furnished upon the request of the division and upon such forms as may be prescribed and furnished by it. Unless otherwise required or permitted by the superintendent of the Bureau of Criminal Apprehension, an agency or person furnishing information under this section must utilize a nationally recognized system or standard approved by the Federal Bureau of Investigation for reporting statistics and information. The division shall have the power to inspect and prescribe the form and substance of the records kept by those officials from which the information is so furnished.
299C.063 BOMB DISPOSAL EXPENSE REIMBURSEMENT.
The terms used in this section have the meanings given them in this subdivision:
(a) "Bomb disposal unit" means a commissioner-approved unit consisting of persons who are trained and equipped to dispose of or neutralize bombs or other similar hazardous explosives and who are employed by a municipality.
(b) "Commissioner" means the commissioner of public safety.
(c) "Explosives sweep" means a detailed scanning service used in corporate office buildings, shipping hangars, event stadiums, transportation hubs, large outdoor events, and other critical facilities using ground-penetrating radar, magnetometers, metal detectors, and specially trained K-9 units to detect improvised explosive devices and explosive remnants of war, such as unexploded ordnance and abandoned ordnance.
(d) "Hazardous explosives" means explosives as defined in section 299F.72, subdivision 2, explosive devices and incendiary devices as defined in section 609.668, subdivision 1, and all materials subject to regulation under United States Code, title 18, chapter 40.
(e) "Municipality" has the meaning given in section 466.01.
(a) The commissioner may reimburse bomb disposal units for reasonable expenses incurred:
(1) to dispose of or neutralize bombs or other similar hazardous explosives for their employer-municipality or for another municipality outside the jurisdiction of the employer-municipality but within the state. Reimbursement is limited to the extent of appropriated funds;
(2) to use the services of police explosive detection K-9 assets;
(3) for dignitary explosive sweeps;
(4) for explosive sweeps at large state events;
(5) to provide for explosive security at large state events; and
(6) for large-scale scheduled public events.
(b) Reimbursement for expenses under this subdivision is limited to the extent of appropriated funds.
The commissioner may enter into contracts or agreements with bomb disposal units to implement and administer this section.
The commissioner may enter into contracts with public event organizers, as defined in section 299A.52, for costs associated with explosive sweeps conducted by state bomb disposal units.
299F.01 FIRE MARSHAL.
[Repealed, 2014 c 212 art 3 s 1]
A division in the Department of Public Safety to be known as the Division of Fire Marshal is hereby created, under the supervision and control of the state fire marshal, to whom shall be assigned the duties and responsibilities described in this chapter. The commissioner may place the fire marshal's position in the unclassified service if the position meets the criteria of section 43A.08, subdivision 1a.
[Repealed, 1996 c 310 s 1]
611A.54 AMOUNT OF REIMBURSEMENT.
Reimbursement shall equal economic loss except that:
(1) reimbursement shall be reduced to the extent that economic loss is recouped from a collateral source or collateral sources. Where compensation is readily available to a claimant from a collateral source, the claimant must take reasonable steps to recoup from the collateral source before claiming reimbursement;
(2) reimbursement shall be denied or reduced to the extent, if any, that the board deems reasonable because of the contributory misconduct of the claimant or of a victim through whom the claimant claims. Contributory misconduct does not include current or past affiliation with any particular group; and
(3) reimbursement paid to all claimants suffering economic loss as the result of the injury or death of any one victim shall not exceed $50,000.
No employer may deny an employee an award of benefits based on the employee's eligibility or potential eligibility for reimbursement.
299D.07 HELICOPTER, FIXED WING AIRCRAFT.
The commissioner of public safety is hereby authorized to retain, acquire, maintain and operate helicopters and fixed wing aircraft for the purposes of the State Patrol and the Bureau of Criminal Apprehension and for any other law enforcement purpose that the commissioner determines is appropriate. The commissioner also is authorized to employ State Patrol officer pilots as required.
299D.06 PATROL EMPLOYEES WHO ARE NOT TROOPERS.
(a) Department personnel must be classified employees assigned to the Division of State Patrol if they are employed to enforce:
(1) laws relating to motor vehicle equipment; school bus equipment; drivers' licenses; motor vehicle registration; motor vehicle size and weight; motor carrier insurance, registration, and safety; and motor vehicle petroleum taxes;
(2) Pollution Control Agency rules relating to motor vehicle noise abatement;
(3) laws relating to directing the movement of vehicles; and
(4) the North American uniform out-of-service criteria and issue out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5.
(b) Employees engaged in these duties, while actually on the job during their working hours only, shall have power to:
(1) issue citations in lieu of arrest and continued detention; and
(2) prepare notices to appear in court for violation of these laws and rules, in the manner provided in section 169.91, subdivision 3.
(c) They shall not be armed and, except as provided in this section, shall have none of the other powers and privileges reserved to peace officers including the power to enforce traffic laws and regulations.
299C.066 CRIME INFORMATION REWARD FUND.
A crime information reward fund is created as an account in the state treasury. Money appropriated to the account is available to pay rewards as directed by the commissioner of public safety, in consultation with the attorney general, under this section.
The attorney general shall appoint an advisory group, in consultation with the commissioner, of five members to assist in implementation of this section.
The commissioner is authorized to pay a reward to any person who, in response to a reward offer, provides information leading to the arrest and conviction of a criminal offender. The commissioner shall establish criteria for determining the amount of the reward and the duration of the reward offer. In no event shall a reward exceed $10,000 or a reward offer remain open longer than ten days. The commissioner shall select the criminal investigations for which rewards are offered based on recommendations made by the advisory group members or by the law enforcement agency or agencies conducting the criminal investigation.
299C.07 RESTORATION OR DISPOSAL OF STOLEN PROPERTY.
The Bureau of Criminal Apprehension shall make every effort for a period of 90 days after the seizure or recovery of abandoned or stolen property to return the property to the lawful owner or to the sheriff of the county from which it was stolen.
Any such property held by the bureau for more than 90 days, in case the owner cannot be found or if it cannot be determined from what county the property was stolen, shall be sold at public auction by the superintendent of the bureau, or the superintendent's agent, after two weeks' published notice thereof in a legal newspaper in Ramsey County, stating the time and place of the sale and a list of the property to be sold.
The proceeds of the sale shall be applied in payment of the necessary expenses of the sale and all necessary costs, storage, or charges incurred in relation to the property. The balance of the proceeds shall be paid into the general fund.
299F.0115 EXEMPTION FOR MEMBERS OF FEDERALLY RECOGNIZED TRIBES.
(a) The state fire marshal may issue building-specific waivers from the State Fire Code if there is conflict with a federally recognized Tribe's religious beliefs, traditional building practices, or established teachings. Individual members of federally recognized Tribes, direct lineal descendents of federally recognized Tribes, and organizations of members of federally recognized Tribes may apply for these waivers.
(b) Waivers may only be granted for the following types of buildings:
(1) traditional residential buildings that will be used solely by an individual applicant's household or an organizational applicant's members;
(2) meeting houses; and
(3) one-room educational buildings.
(c) To obtain a waiver, an applicant must apply to the state fire marshal on a form established by the state fire marshal. The application must:
(1) identify the building the waiver will apply to;
(2) identify the Tribe the applicant is a member of; and
(3) declare that requirements of the State Fire Code conflict with religious beliefs, traditional building practices, or established teachings of the identified Tribe, which the applicant adheres to.
(d) Any building for which a waiver is granted may not be sold or leased until:
(1) the building is brought into compliance with the version of the State Fire Code in force at the time of the sale or lease; or
(2) the prospective buyer or lessee to which the building is being sold or leased to obtains a waiver under this section for the building.
299D.08 TRAFFIC CITATION QUOTA PROHIBITED.
The State Patrol or a law enforcement agency shall not order, mandate, require, or suggest to a patrol trooper, commercial vehicle inspector, or law compliance representative that the patrol trooper, inspector, or representative issue a certain number of traffic citations on a daily, weekly, monthly, quarterly, or yearly quota basis.
299F.012 FIRE SAFETY ACCOUNT.
From the revenues appropriated from the fire safety account, established under section 297I.06, subdivision 3, the commissioner of public safety may expend funds for the activities and programs identified by the advisory committee established under subdivision 2 and recommended to the commissioner of public safety. The commissioner shall not expend funds without the recommendation of the advisory committee established under subdivision 2. These funds are to be used to provide resources needed for identified activities and programs of the Minnesota fire service and to ensure the State Fire Marshal Division responsibilities are fulfilled. Any balance remaining in the account after the first year of the biennium must be appropriated to the commissioner of public safety for the purposes specified in law.
(a) The Fire Service Advisory Committee shall provide recommendations to the commissioner of public safety on fire service-related issues and shall consist of representatives of each of the following organizations: two appointed by the president of the Minnesota State Fire Chiefs Association, two appointed by the president of the Minnesota State Fire Department Association, two appointed by the president of the Minnesota Professional Fire Fighters, two appointed by the president of the League of Minnesota Cities, one appointed by the president of the Minnesota Association of Townships, one appointed by the president of the Insurance Federation of Minnesota, one appointed jointly by the presidents of the Minnesota Chapter of the International Association of Arson Investigators and the Fire Marshals Association of Minnesota, and the commissioner of public safety or the commissioner's designee. The commissioner of public safety must ensure that at least three of the members of the advisory committee work and reside in counties outside of the seven-county metropolitan area. The committee shall provide funding recommendations to the commissioner of public safety from the fire safety fund for the following purposes:
(1) for the Minnesota Board of Firefighter Training and Education;
(2) for programs and staffing for the State Fire Marshal Division; and
(3) for fire-related regional response team programs and any other fire service programs that have the potential for statewide impact.
(b) The committee under paragraph (a) does not expire.
The commissioner of public safety shall, by December 1 of each year, (1) provide an accounting of how the funds in the fire safety account were spent in the preceding fiscal year and (2) report any funds not spent in a fiscal year to the chairs of the committees of the house of representatives and the senate having jurisdiction over public safety finance. Money in the account does not cancel but remains available for expenditures for the programs identified in subdivisions 1 and 2.
The legislature intends that all money in the fire safety account be appropriated to the commissioner of public safety to fund the state fire marshal's office and activities and programs under this section.
299C.08 OATH OF SUPERINTENDENT AND EMPLOYEES.
The superintendent and each employee in the bureau whom the superintendent shall designate, before entering upon the performance of duties under sections 299C.03 to 299C.08, 299C.10, 299C.105, 299C.11, 299C.17, 299C.18, and 299C.21, shall take the usual oath.
299D.085 OVERDIMENSIONAL LOAD ESCORT DRIVER.
For purposes of this section, "overdimensional load" is a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in chapter 169, or otherwise not in conformity with the provisions of chapter 169.
No person may operate as an overdimensional load escort driver in this state without a certificate issued by the commissioner, or by a state with which the commissioner has entered into a reciprocal agreement. The commissioner shall assess a fee for each certificate applicant, calculated to cover the commissioner's cost of establishing and administering the program. No other certification is required to escort an overdimensional load.
MS 2012 [Expired, 2012 c 287 art 3 s 53]
To obtain a certificate to operate as an overdimensional load escort driver, a person must be a minimum of 18 years of age, possess a valid operator's license for the type of vehicle being operated, successfully complete an escort driver certification course developed by the commissioner and offered by the commissioner or authorized agents, and meet all additional requirements, including vehicle and safety equipment standards specified by the commissioner.
A vehicle or a combination of vehicles may tow a trailer during the movement of an overdimensional load if:
(1) the party involved is a building mover licensed by the commissioner of transportation under section 221.81;
(2) the building being moved is not a temporary structure;
(3) the overdimensional load is a manufactured home, as defined under section 327.31; or
(4) the overdimensional load is a modular home, as defined under section 297A.668, subdivision 8, paragraph (b).
A person who violates, or aids or abets the violation of, any provision of this section is guilty of a petty misdemeanor.
The commissioner of public safety shall adopt rules to carry out the provisions of this section. Notwithstanding section 16A.1283, the rules must specify the fee to be assessed under subdivision 2.
611A.56 POWERS AND DUTIES OF BOARD.
In addition to carrying out any duties specified elsewhere in sections 611A.51 to 611A.68 or in other law, the board shall:
(1) provide all claimants with an opportunity for hearing pursuant to chapter 14;
(2) adopt rules to implement and administer sections 611A.51 to 611A.68, including rules governing the method of practice and procedure before the board, prescribing the manner in which applications for reimbursement shall be made, and providing for discovery proceedings;
(3) publicize widely the availability of reimbursement and the method of making claims; and
(4) prepare and transmit annually to the governor and the commissioner of public safety a report of its activities including the number of claims awarded, a brief description of the facts in each case, the amount of reimbursement awarded, and a statistical summary of claims and awards made and denied.
In addition to exercising any powers specified elsewhere in sections 611A.51 to 611A.68 or other law, the board upon its own motion or the motion of a claimant or the attorney general may:
(1) issue subpoenas for the appearance of witnesses and the production of books, records, and other documents;
(2) administer oaths and affirmations and cause to be taken affidavits and depositions within and without this state;
(3) take notice of judicially cognizable facts and general, technical, and scientific facts within their specialized knowledge;
(4) order a mental or physical examination of a victim or an autopsy of a deceased victim provided that notice is given to the person to be examined and that the claimant and the attorney general receive copies of any resulting report;
(5) suspend or postpone the proceedings on a claim if a criminal prosecution arising out of the incident which is the basis of the claim has been commenced or is imminent;
(6) request from prosecuting attorneys and law enforcement officers investigations and data to enable the board to perform its duties under sections 611A.51 to 611A.68;
(7) grant emergency reimbursement pending the final determination of a claim if it is one with respect to which an award will probably be made and undue hardship will result to the claimant if immediate payment is not made; and
(8) reconsider any decision granting or denying reimbursement or determining their amount.
299F.013 FUEL DISPENSING.
(a) Any rule of the commissioner of public safety that adopts provisions of the State Fire Code relating to flammable and combustible liquids must permit the dispensing of class I and class II liquids from a fuel-dispensing system supplied by exterior aboveground tanks, for operations not open to the public.
(b) The following dispensing operations are permitted:
(1) dispensing of class I liquids from one tank having a capacity of up to 560 gallons having the dispenser located on or adjacent to the tank;
(2) dispensing of class II liquids from up to two tanks having a capacity of up to 1,000 gallons each and having the dispenser located on or adjacent to the tank.
(c) Dispensing operations authorized under this section are subject to all other applicable requirements of the State Fire Code.
299C.09 SYSTEM FOR IDENTIFYING CRIMINALS; RECORD, INDEX.
The bureau shall install systems for identification of criminals, including the fingerprint system, the modus operandi system, and such others as the superintendent deems proper. The bureau shall keep a complete record and index of all information received in convenient form for consultation and comparison. The bureau shall obtain from wherever procurable and file for record finger and thumb prints, measurements, photographs, plates, outline pictures, descriptions, modus operandi statements, conditional release information, or such other information as the superintendent considers necessary, of persons who have been or shall hereafter be convicted of a felony, gross misdemeanor, or an attempt to commit a felony or gross misdemeanor, within the state, or who are known to be habitual criminals. To the extent that the superintendent may determine it to be necessary, the bureau shall obtain like information concerning persons convicted of a crime under the laws of another state or government, the central repository of this records system is the Bureau of Criminal Apprehension in St. Paul.
299D.09 ESCORT SERVICE; APPROPRIATION; RECEIPTS.
(a) Fees charged for escort services provided by the State Patrol are annually appropriated to the commissioner of public safety to administer and provide these services.
(b) The fee charged for services provided by the State Patrol shall be set to recover actual costs as determined by the commissioner of public safety by July 1 each year.
(c) The fees charged for State Patrol flight services are $140 an hour for a fixed wing aircraft, $490 an hour for a helicopter, and $600 an hour for the Queen Air in fiscal year 2012; and $139.64 an hour for a fixed wing aircraft, $560.83 an hour for a helicopter, and $454.84 an hour for the Queen Air in fiscal year 2013 and thereafter.
611A.57 DETERMINATION OF CLAIMS.
[Repealed, 1993 c 326 art 6 s 26]
The board staff shall examine the papers filed in support of the claim and cause an investigation to be conducted into the validity of a claim to the extent that an investigation is necessary.
The board executive director may decide the claim in favor of a claimant in the amount claimed on the basis of the papers filed in support of it and the report of the investigation of such claim. If unable to decide the claim upon the basis of the papers and any report of investigation, the board executive director shall discuss the matter with other members of the board present at a board meeting. After discussion the board shall vote on whether to grant or deny the claim or whether further investigation is necessary. A decision granting or denying the claim shall then be issued by the executive director.
The written decision granting or denying a claim shall be filed with the board, and a copy shall be provided to the claimant.
The claimant may, within 30 days after receiving the decision of the board, apply for reconsideration before the entire board. Upon request for reconsideration, the board shall reexamine all information filed by the claimant, including any new information the claimant provides, and all information obtained by investigation. The board may also conduct additional examination into the validity of the claim. Upon reconsideration, the board may affirm, modify, or reverse the prior ruling. A claimant denied reimbursement upon reconsideration is entitled to a contested case hearing within the meaning of chapter 14.
Claims for reimbursement and supporting documents and reports are investigative data and subject to the provisions of section 13.39 until the claim is paid, denied, withdrawn, or abandoned. Following the payment, denial, withdrawal, or abandonment of a claim, the claim and supporting documents and reports are private data on individuals as defined in section 13.02, subdivision 12; provided that the board may forward any reimbursement claim forms, supporting documents, and reports to local law enforcement authorities for purposes of implementing section 611A.67.
299F.014 PETROLEUM STORAGE TANKS; TANK VEHICLE PARKING.
(a) Any rule of the commissioner of public safety that adopts provisions of the State 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 State Fire Code applies.
(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.
299C.092 QUESTIONED IDENTITY PROCESS.
(a) For the purposes of this section, the terms in this subdivision have the meanings given.
(b) "Bureau" means the Bureau of Criminal Apprehension.
(c) "Questioned identity" means an individual's identity that is associated with another person's records when the individual's identity is used by an offender in interactions with law enforcement or the offender has the same name which can lead to difficulties differentiating the individual from the offender.
(a) When an individual is the subject of questioned identity, the individual may request a review by the bureau through its questioned identity process. Individuals must contact the bureau and provide the following:
(1) documentation of the individual's identity through a government-issued photo identification;
(2) documents or information that lead the individual to believe that the individual is the subject of questioned identity; and
(3) fingerprints for identification verification purposes.
(b) If the bureau is able to confirm that the individual is the subject of questioned identity, the bureau shall provide documentation to the individual indicating that the individual has been through the bureau's questioned identity process.
(c) The bureau shall denote any aliases determined to be questioned identities in the criminal history system under section 299C.09 and shall work with other state and local agencies to denote aliases in arrest warrants.
(d) The bureau shall attach a photo of the offender to arrest warrants in the bureau's warrant file if a photo is available.
(e) Notwithstanding section 13.87, subdivision 1, paragraph (b), the bureau, in consultation with reporting criminal justice agencies, may remove an alias from a criminal history record when it determines doing so will not negatively impact a criminal justice agency's ability to identify the offender in the future. Some considerations in making the determination include but are not limited to time elapsed since the alias name was last used, frequency with which the alias was used, current incarceration status of the offender, whether it is or was the offender's name, and whether the offender is living or deceased.
(f) Law enforcement must take into account the presence of documentation from the bureau or another law enforcement agency confirming a questioned identity when considering whether an individual has a warrant under section 299C.115 and may contact the bureau or the issuing law enforcement agency to confirm authenticity of the documentation provided by an individual.
299D.11 VEHICLE CRIMES UNIT ANNUAL REPORT.
By January 15 of each year, the commissioner must submit a report to the chairs and ranking minority members of the house of representatives and senate committees having jurisdiction over transportation finance on the vehicle crimes unit. At a minimum, the report must specify the following for the previous calendar year: total revenues generated by the unit; revenues deposited into state funds, listed by fund; the number of cases assigned to the unit; and the number of cases closed.
299F.035 FIRE DEPARTMENT USE OF CRIMINAL HISTORY DATA.
(a) The definitions in this subdivision apply to this section.
(b) "Minnesota criminal history" means adult convictions and juvenile adjudications.
(c) "Fire department" has the meaning given in section 299N.01, subdivision 2.
(d) "Private data" has the meaning given in section 13.02, subdivision 12.
(a) A background check must be conducted on all applicants for employment and may be conducted on current employees at a fire department. The fire chief must conduct a Minnesota criminal history record check. For applicants for employment who have lived in Minnesota for less than five years, or on the request of the fire chief, a national criminal history record check must also be conducted.
(b) For a Minnesota criminal history record check, the fire chief must either (1) submit the signed informed consent of the applicant or employee and the required fee to the superintendent, or (2) submit the signed informed consent to the chief of police. The superintendent or chief must retrieve Minnesota criminal history data and provide the data to the fire chief for review.
(c) For a national criminal history record check, the fire chief must submit the signed informed consent and fingerprints of the applicant or employee, and the required fee, to the superintendent. The superintendent may exchange the fingerprints with the Federal Bureau of Investigation to obtain the individual's national criminal history record information. The superintendent must return the results of the national criminal history record check to the fire chief for the purpose of determining if the applicant is qualified to be employed or if a current employee is able to retain the employee's position.
Criminal history data may be used in assessing fire department job applicants or employees only if the criminal history data are directly related to the position of employment sought or currently held.
In determining if criminal history data are directly related to the position of employment, the hiring or employing authority may consider:
(1) the nature and seriousness of the criminal history data on the job applicant or employee;
(2) the relationship of the criminal history data to the purposes of regulating the position of employment; and
(3) the relationship of the criminal history data to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the position of employment.
A fire department hiring or employing authority that obtains access to criminal history data under this section must use uniform access procedures that apply to all applicants or employees. With respect to current employees, a hiring or employing authority may request private data only if at least one year has elapsed since access to the data was previously requested.
299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.
The superintendent of the Bureau of Criminal Apprehension shall maintain a computerized data system relating to individuals required to register as predatory offenders under section 243.166. To the degree feasible, the system must include the data required to be provided under section 243.166, subdivisions 4, 4a, and 4b, and indicate the time period that the person is required to register. The superintendent shall maintain this data in a manner that ensures that it is readily available to law enforcement agencies. This data is private data on individuals under section 13.02, subdivision 12, but may be used for law enforcement and corrections purposes. Law enforcement or a corrections agent may disclose the status of an individual as a predatory offender to a child protection worker with a local welfare agency for purposes of doing a family assessment under chapter 260E. A corrections agent may also disclose the status of an individual as a predatory offender to comply with section 244.057. The commissioner of human services and Direct Care and Treatment executive board have access to the data for state-operated services, as defined in section 246C.02, for the purposes described in section 246.13, subdivision 2, paragraph (b), and for purposes of conducting background studies under chapter 245C.
611A.58 ATTORNEY FEES; LIMITATION FOR REPRESENTATION BEFORE BOARD.
The board may limit the fee charged by any attorney for representing a claimant before the board.
299F.036 FIREFIGHTER; PREVIOUS EMPLOYMENT INVESTIGATION.
The fire chief or administrative head of a fire department as defined under section 299F.092, subdivision 6, may conduct a previous employment investigation on an applicant for a fire protection service position.
(a) Upon request of a fire chief or an administrative head, an employer shall disclose or otherwise make available for inspection employment information of an employee or former employee who is the subject of an investigation under subdivision 1. The request for disclosure of employment information must be in writing, must be accompanied by an original authorization and release signed by the employee or former employee, and must be signed by the fire chief or administrative head conducting the previous employment investigation.
(b) Upon request, the fire chief or administrative head shall disclose to the applicant the information obtained under this subdivision.
If an employer refuses to disclose employment information in accordance with this section, upon request the district court may issue an ex parte order directing the disclosure of the employment information. The request must be made by the fire chief or administrative head conducting the investigation and must include a copy of the original request for disclosure made upon the employer or former employer and the authorization and release signed by the employee or former employee. The request must be signed by the fire chief or administrative head requesting the order and an attorney representing the state or the political subdivision on whose behalf the investigation is being conducted. It is not necessary for the request or the order to be filed with the court administrator. Failure to comply with the court order subjects the person who fails to comply to civil or criminal contempt of court.
In the absence of fraud or malice, an employer is immune from civil liability for employment information released to a fire department under this section, or for any subsequent publication made by the employee or former employee of information released to a fire department under this section.
If employment information is subject to a confidentiality agreement between the employee or former employee and the employer, the employer shall disclose the fact that such an agreement exists. If the employee or former employee has authorized the release of employment information without regard to any previous agreement to the contrary, the employer shall also disclose the employment information according to subdivision 2. If employment information is sealed or otherwise subject to a nondisclosure order by a court of competent jurisdiction, the employer shall disclose the fact that this order exists, along with information identifying the court and court's file number.
For purposes of this section, "employment information" means written information in connection with job applications, performance evaluations, attendance records, disciplinary actions, and eligibility for rehire.
For purposes of this section, "employer" does not include an entity that is subject to chapter 13.
299F.037 REPORTING FIREFIGHTER DEATHS.
Whenever an active firefighter dies, whether or not the death is presumed to be in the line of duty, the fire chief of the deceased firefighter must report, without undue delay, the death to the state fire marshal. The notification shall identify the cause of death and contain information concerning the circumstances of the death.