piers109uk/MN-Statutes huggingface dataset:
299C.097 DATABASE FOR IDENTIFYING INDIVIDUALS ELIGIBLE FOR EXPUNGEMENT.
(a) The superintendent of the Bureau of Criminal Apprehension shall maintain a computerized data system relating to petty misdemeanor and misdemeanor offenses that may become eligible for expungement pursuant to section 609A.015 and which do not require fingerprinting pursuant to section 299C.10 and are not linked to an arrest record in the criminal history system.
(b) These data are private data on individuals under section 13.02, subdivision 12.
299F.051 ARSON TRAINING.
An arson training unit is established within the Division of Fire Marshal to develop and administer arson training courses throughout the state for law enforcement and fire service personnel and for prosecutors.
The arson training unit, in consultation with the Bureau of Criminal Apprehension, the state fire marshal, the Minnesota Peace Officer Standards and Training Board, the County Attorneys Association, the attorney general, and the State Advisory Council on Fire Service Education and Research, shall establish a standardized curriculum to be included in the training programs. The standardized curriculum shall include fire scene investigation and preservation of evidence, interviewing of witnesses and suspects, constitutional limits on interrogation by sworn and nonsworn officers, and other topics deemed necessary to successful criminal investigation and prosecution. The training program offered to peace officers shall meet the applicable preservice training requirements established by the Peace Officer Standards and Training Board under section 626.8456.
(a) The arson training unit, in cooperation with the superintendent of the Bureau of Criminal Apprehension, the Board of Peace Officer Standards and Training, the County Attorneys Association, and the attorney general, shall provide courses at convenient locations in the state for training firefighters, peace officers, and prosecutors in:
(1) the conduct of investigations following the occurrence of a fire; and
(2) the prosecution of arson cases.
(b) For this purpose, the arson training unit may use the services and employees of the bureau, the state fire marshal, and the attorney general. In addition, the arson training unit is authorized to establish minimum qualifications for training course instructors, and engage part-time instructors necessary and proper to furnish the best possible instruction, subject to the limitation of funds appropriated and available for expenditure. Laws 1981, chapter 210, sections 1 to 48, shall not apply to the part-time instructors.
The arson training unit, in cooperation with the Bureau of Criminal Apprehension, shall offer in-service and refresher training for firefighters and peace officers through schools administered by the state, county, school district, municipality, or joint or contractual combinations thereof. The in-service training courses offered for peace officers shall be eligible for continuing education credit from the Minnesota Board of Peace Officer Standards and Training.
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.
299F.052 ARSON REPORTING IMMUNITY LAW, CITATION.
Sections 299F.052 to 299F.057 shall be known as the Arson Reporting Immunity Law.
299F.053 DEFINITIONS.
For the purposes of sections 299F.052 to 299F.057 the terms defined in this section have the meanings given to them.
"Authorized person" means:
(1) the state fire marshal when authorized or charged with the investigation of fires at the place where the fire actually took place;
(2) superintendent of the Bureau of Criminal Apprehension;
(3) the prosecuting attorney responsible for prosecutions in the county where the fire occurred;
(4) the sheriff or chief of police responsible for investigation in the county where the fire occurred;
(5) the county attorney responsible for the prosecution in the county where the fire occurred;
(6) the Federal Bureau of Investigation or any other federal agency;
(7) the United States Attorney's Office when authorized or charged with investigation or prosecution of a case involving a fire loss;
(8) the chief administrative officer of the municipal arson squad or the chief of the fire department responsible for the investigation of the fire under section 299F.04, subdivision 1; or
(9) the commissioner of commerce.
"Relevant" information or evidence means information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence.
611A.60 REIMBURSEMENT; HOW PAID.
Reimbursement may be awarded in a lump sum or in installments in the discretion of the board. The amount of any emergency award shall be deducted from the final award, if a lump sum, or prorated over a period of time if the final award is made in installments. Reimbursement is exempt from execution or attachment except by persons who have supplied services, products or accommodations to the victim as a result of the injury or death which is the basis of the claim. The board, in its discretion may order that all or part of the reimbursement awarded be paid directly to these suppliers.
299F.054 DISCLOSURE OF INFORMATION.
An authorized person may, in writing, require an insurance company to release to the requesting person any or all relevant information or evidence the authorized person deems important, which the company may have in its possession, relating to a fire loss or potential fire loss. Relevant information may include, and is limited to:
(1) pertinent insurance policy information relevant to a fire loss or potential fire loss under investigation including the application for a policy;
(2) policy premium payment records which are available;
(3) a history of previous claims made by the insured, including, where the insured is a corporation or partnership, a history of previous claims by a subsidiary or any affiliates, and a history of claims of any other business association in which individual officers or partners or their spouses were known to be involved; and
(4) material relating to the investigation of the loss or potential loss, including statements of any person, proof of loss or potential loss, and any other evidence relevant to the investigation.
(a) If an insurance company has reason to believe that a fire loss or potential fire loss in which it has an interest may be of other than accidental cause, the company shall, in writing, notify an authorized person and provide the person with all relevant material specified in this section developed from the company's inquiry into the fire loss or potential fire loss.
(b) If an insurance company provides any one of the authorized persons with notice of a fire loss or potential fire loss, it is sufficient notice for the purpose of this subdivision.
The authorized person provided with information pursuant to subdivision 1 or 2, may in furtherance of official purposes release or provide the information to any of the other authorized persons.
An insurance company providing information to an authorized person may request in writing from the authorized person relevant information and receive the information requested within a reasonable time not to exceed 30 days. The relevant information may not include nonconviction criminal history record information or any other information detrimental to another ongoing criminal investigation or that would reveal the identity of a confidential source of information. Any authorized person not furnishing the information requested shall notify the insurance company of the reasons why the information cannot be furnished within 30 days of the request.
(a) An insurance company or its agent acting in its behalf, or an authorized person who releases information, whether oral or written, acting in good faith, pursuant to subdivisions 1 to 3a is immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(b) A person who, acting in good faith, reports to an authorized person information, whether oral or written, that is or may be relevant to the investigation of a fire is immune from any civil liability that might otherwise be incurred or imposed.
299F.055 CONFIDENTIAL DATA; EVIDENCE.
Any data received pursuant to sections 299F.052 to 299F.057 by an authorized person or insurance company shall be confidential data pursuant to section 13.02, subdivision 3 until its release is required pursuant to a criminal or civil proceeding.
299C.12 RECORD KEPT BY PEACE OFFICER; REPORT.
Every peace officer shall keep or cause to be kept a permanent written record, in such form as the superintendent may prescribe, of all felonies reported to or discovered by the officer within the officer's jurisdiction and of all warrants of arrest for felonies and search warrants issued to the officer in relation to the commission of felonies, and shall make or cause to be made to the sheriff of the county and the bureau reports of all such crimes, upon such forms as the superintendent may prescribe, including a statement of the facts and a description of the offender, so far as known, the offender's method of operation, the action taken by the officer, and such other information as the superintendent may require.
299C.111 SUSPENSE FILE REPORTING.
The superintendent shall immediately notify the appropriate entity or individual when a disposition record for a felony, gross misdemeanor, or targeted misdemeanor is received that cannot be linked to an arrest record.
611A.61 SUBROGATION.
The state shall be subrogated, to the extent of reimbursement awarded, to all the claimant's rights to recover benefits or advantages for economic loss from a source which is or, if readily available to the victim or claimant would be, a collateral source. Nothing in this section shall limit the claimant's right to bring a cause of action to recover for other damages.
A claimant who receives reimbursement must agree to assist the state in pursuing any subrogation rights arising out of the claim. The board may require a claimant to agree to represent the state's subrogation interests if the claimant brings a cause of action for damages arising out of the crime or occurrence for which the board has awarded reimbursement. An attorney who represents the state's subrogation interests pursuant to the client's agreement with the board is entitled to reasonable attorney's fees not to exceed one-third of the amount recovered on behalf of the state.
[Repealed, 1995 c 226 art 7 s 26]
299F.056 ENFORCEMENT.
No insurance company or employee or officer thereof shall intentionally refuse to release any information requested pursuant to section 299F.054, subdivision 1.
No insurance company or employee or officer thereof shall intentionally refuse to provide authorized persons notice or relevant information pursuant to section 299F.054, subdivision 2.
No person shall fail to maintain the confidentiality of the data required to be held as confidential.
Whoever violates the provisions of subdivision 1, 2 or 3 is guilty of a misdemeanor.
611A.62 MEDICAL PRIVILEGE.
There is no privilege as to communication or records relevant to an issue of the physical, mental, or emotional condition of the claimant or victim in a proceeding under sections 611A.51 to 611A.56 in which that condition is an issue. Nothing contained in this section shall be interpreted to abridge the attorney-client privilege.
299C.115 WARRANT INFORMATION PROVIDED TO STATE.
(a) By January 1, 1996, every county shall, in the manner provided in either clause (1) or (2), make warrant information available to other users of the criminal justice data communications network as defined in section 299C.46:
(1) the county shall enter the warrant information in the warrant file maintained by the Bureau of Criminal Apprehension in the Department of Public Safety; or
(2) the county, at no charge to the state, shall make the warrant information that is maintained in the county's computer accessible by means of a single query made through the Bureau of Criminal Apprehension in the Department of Public Safety.
(b) As used in this section, "warrant information" means information on all outstanding felony, gross misdemeanor, and misdemeanor warrants for adults and juveniles that are issued within the county.
299F.057 APPLICABILITY OF ORDINANCES; CONCURRENT JURISDICTION.
The provisions of sections 299F.052 to 299F.057 shall not be construed to affect or repeal any ordinance of any municipality relating to fire prevention or the control of arson, but the jurisdiction of the state fire marshal and the superintendent of the Bureau of Criminal Apprehension in the municipality is to be concurrent with that of the municipal and county authorities.
299C.13 INFORMATION FURNISHED TO PEACE OFFICER.
Upon receipt of information data as to any arrested person, the bureau shall immediately ascertain whether the person arrested has a criminal record or is a fugitive from justice, and shall at once inform the arresting officer of the facts ascertained, including references to any juvenile or adult court disposition data that are not in the criminal history system. Upon application by any sheriff, chief of police, or other peace officer in the state, or by an officer of the United States or by an officer of another state, territory, or government duly authorized to receive the same and effecting reciprocal interchange of similar information with the division, it shall be the duty of the bureau to furnish all information in its possession pertaining to the identification of any person. If the bureau has a sealed record on the arrested person, it shall notify the requesting peace officer of that fact and of the right to seek a court order to open the record for purposes of law enforcement. A criminal justice agency shall be notified, upon request, of the existence and contents of a sealed record containing conviction information about an applicant for employment. For purposes of this section a "criminal justice agency" means courts or a government agency that performs the administration of criminal justice under statutory authority.
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. 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. The officials shall electronically enter the information in a bureau-managed searchable database within 24 hours of a prisoner's date of release or discharge. The bureau shall convert the information into an electronic format and enter it into the searchable database within three business days of the date of receipt, if the information is not entered by the officials.
299F.059 JUVENILE FIRE SETTER INTERVENTION.
The state fire marshal shall establish a statewide juvenile fire setter intervention network. The network shall include a clearinghouse of resources and materials to assist fire service personnel, schools, law enforcement agencies, and mental health professionals in understanding juvenile fire-setting behavior and symptoms and intervening with juveniles who engage in the behavior or display the symptoms. The state fire marshal shall include in the network the comprehensive injury prevention education curriculum provided for in subdivision 2.
The state fire marshal shall ensure implementation of a comprehensive injury prevention education curriculum that focuses on juvenile fire play intervention and injury prevention. The curriculum shall be made available to schools and other interested organizations statewide.
The state fire marshal shall develop strategies and plans designed to reduce the number of juvenile fire-setting incidents. The state fire marshal shall offer an annual training forum for fire service and law enforcement personnel and for juvenile justice, medical, educational, mental health, and other interested professionals to discuss these strategies and other issues relating to juvenile fire setter behavior and symptoms.
The state fire marshal shall develop an ongoing media awareness campaign to instruct parents, retailers, and the community on the importance of keeping fire materials away from children and on methods for accomplishing that objective.
298.16 TAXES TO BE CREDITED TO GENERAL FUND.
All taxes imposed under sections 298.01 and 298.015 must be paid into the state treasury and credited to the general fund.
611A.63 ENFORCEMENT OF BOARD'S ORDERS.
If a person refuses to comply with an order of the board or asserts a privilege to withhold or suppress evidence relevant to a claim, the board may make any just order including denial of the claim, but may not find the person in contempt. If necessary to carry out any of its powers and duties, the board may petition the district court for an appropriate order, but the court may not find a person in contempt for refusal to submit to a mental or physical examination.
299C.145 DISTINCTIVE PHYSICAL MARK IDENTIFICATION SYSTEM.
As used in this section and in sections 299C.10, 299C.11, and 299C.14, "distinctive physical mark identification data" means a photograph of a brand, scar, or tattoo, and a description of the body location where the distinctive physical mark appears.
The superintendent shall establish and maintain a system within the bureau to enable law enforcement agencies to submit and obtain distinctive physical mark identification data on persons who are under investigation for criminal activity. The system shall cross-reference the distinctive physical mark identification data with the name of the individual from whose body the distinctive physical mark identification data was obtained. The system also shall cross-reference distinctive physical mark identification data with the names of individuals who have been identified as having a similar or identical distinctive physical mark in the same body location.
Only criminal justice agencies, as defined in section 299C.46, subdivision 2, may submit data to and obtain data from the distinctive physical mark identification system.
[Repealed, 2014 c 212 art 4 s 3]
299F.091 CITATION.
Sections 299F.091 to 299F.099 may be cited as the "Community Emergency Response Hazardous Substances Protection Act."
298.18 TAXES TO GO TO GENERAL FUND IF SECTION 298.17 INVALID.
If for any reason section 298.17 shall be held to be invalid, then all such taxes, when collected, shall be paid into the state treasury and credited to the general fund.
611A.64 DEPARTMENT OF CORRECTIONS; RESTITUTION.
The Department of Corrections may, as a means of assisting in the rehabilitation of persons committed to their care, establish programs and procedures whereby such persons may contribute toward restitution of those persons injured as a consequence of their criminal acts.
299C.15 COOPERATION; CRIMINAL IDENTIFICATION ORGANIZATIONS.
The bureau shall cooperate and exchange information with other organizations for criminal identification, either within or without the state, for the purpose of developing, improving, and carrying on an efficient system for the identification and apprehension of criminals.
299F.093 POWERS AND DUTIES OF COMMISSIONER.
The commissioner shall:
(1) adopt rules no later than July 1, 1987, with the advice of the Hazardous Substance Notification Advisory Committee, establishing the form and content of the hazardous substance notification report form, as required by section 299F.094, and describing one or more hazard categories with specified ranges of quantities in each hazard category, representing increments of substantially increased risk;
(2) print and provide to individual fire departments the requested number of hazardous substance notification reports, which must be made available to a fire department no more than 90 days following its request, for the fire department to mail or otherwise make available to employers in the jurisdiction;
(3) report to the legislature, as needed, on the effectiveness of sections 299F.091 to 299F.099 and recommend amendments to sections 299F.091 to 299F.099 that are considered necessary;
(4) adopt rules to implement sections 299F.091 to 299F.099, compatible with the State Fire Code so as to not limit the authority of local fire officials under that code; and
(5) adopt rules that are based on the most recent standard 704, adopted by the National Fire Protection Association, and that allow a fire department to require employers within its jurisdiction to post signs conforming to standard 704, and indicating the presence of hazardous substances. If the signs are required, a fire department shall supply the signs or provide information to assist an employer to obtain them.
The commissioner shall, at the request of a local fire department, investigate suspected violations of sections 299F.091 to 299F.099.
299F.094 REPORT REQUIRED; CONTENTS.
Except as provided in section 299F.096, subdivision 2, an employer who receives a hazardous substance notification report shall submit to the local fire department a completed hazardous substance notification report form containing the information and in the manner required by this section and the rules of the commissioner, within two months after receiving a hazardous substance notification report. As an alternative, an employer may, at the discretion of the local fire department, arrange with the local fire department for a date certain upon which that department may conduct an inspection of that employer's workplace in order for the employer to provide the information, or essentially the same information, as contained in the report form to the local fire department.
The hazardous substance notification report must be completed on a form developed by the commissioner of public safety and contain the following information:
(1) the range of maximum combined quantities of all hazardous substances contained in each designated hazard category that may reasonably be expected to be present in the workplace during normal operations;
(2) the street address and any other special identifier of the workplace; and
(3) the employer's name and street address with the telephone numbers of responsible persons in charge of the workplace who can be reached at all times.
If, after review of the hazardous substance notification report of an employer, a local fire department requires additional information, then the employer:
(1) shall provide, at the request of that fire department, a material safety data sheet, or any requested portion of it, for any hazardous substance contained in any designated hazard category covered by the hazardous substance notification report; and
(2) shall respond as soon as possible, but in no case later than 30 days, to a request by a local fire department for clarification of any information previously submitted or to a request for additional information under sections 299F.091 to 299F.099.
An employer shall promptly notify the local fire department of significant changes in the information provided under this section, but not later than 30 days after each significant change.
At the request of the local fire department, an employer shall permit the local fire department inspection and cooperate in the preparation of fire and emergency plans.
299C.155 STANDARDIZED EVIDENCE COLLECTION; DNA ANALYSIS.
As used in this section, "DNA analysis" means the process through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and compared with DNA from another human biological specimen for identification purposes.
The bureau shall develop uniform procedures and protocols for collecting evidence in cases of alleged or suspected criminal sexual conduct, including procedures and protocols for the collection and preservation of human biological specimens for DNA analysis. Law enforcement agencies and medical personnel who conduct evidentiary exams shall use the uniform procedures and protocols in their investigation of criminal sexual conduct offenses. The uniform procedures and protocols developed under this subdivision are not subject to the rulemaking provisions of chapter 14.
The bureau shall adopt uniform procedures and protocols to maintain, preserve, and analyze human biological specimens for DNA. The bureau shall establish a centralized system to cross-reference data obtained from DNA analysis. Data contained on the bureau's centralized system is private data on individuals, as that term is defined in section 13.02. The bureau's centralized system may only be accessed by authorized law enforcement personnel and used solely for law enforcement identification purposes. The remedies in section 13.08 apply to a violation of this subdivision. The uniform procedures and protocols developed under this subdivision are not subject to the rulemaking provisions of chapter 14.
The bureau shall perform DNA analysis and make data obtained available to law enforcement officials in connection with criminal investigations in which human biological specimens have been recovered. Upon request, the bureau shall also make the data available to the prosecutor and the subject of the data in any subsequent criminal prosecution of the subject. The results of the bureau's DNA analysis and related records are private data on individuals, as that term is defined in section 13.02, and may only be used for law enforcement identification purposes. The remedies in section 13.08 apply to a violation of this subdivision.
611A.65 USE OF RECORD OF CLAIM; EVIDENCE.
Neither a record of the proceedings on a claim, a decision of the board, nor the fact that an award has been made or denied shall be admissible as evidence in any criminal or civil action against the alleged offender, except an action by the state on its subrogation claim.
299F.096 DUTY TO SAFEGUARD PRIVATE INFORMATION.
Before a fire department and emergency response personnel may have access to information received under section 299F.094, the department shall establish security procedures to prevent unauthorized use or disclosure of nonpublic data. Nonpublic data must be made available in an emergency to emergency response personnel. No liability results under sections 299F.091 to 299F.099 with respect to disclosure of nonpublic data if emergency response personnel, in response to an emergency, reasonably determine that the use or disclosure of the data is necessary to expedite medical services or to protect persons from imminent danger. As soon as practicable after disclosure of nonpublic data is made by emergency response personnel, the circumstances necessitating the disclosure and the actual or estimated extent of the disclosure must be described in writing by the personnel and provided to the employer.
When the notification required in section 299F.094 involves classified information, the employer shall, without revealing the classified information, attempt to provide the local fire department with that information necessary to protect the department, emergency response personnel, and the public in an emergency. The employer is also responsible for requesting changes in the classification of classified information or declassification of that material when it is considered necessary by a local fire department in advance of an emergency to protect emergency response personnel or the public. An employer is not required to reveal classified information, except in an emergency, without prior governmental approval, and in an emergency, an employer shall disclose to emergency response personnel appropriate elements of classified information that are reasonably necessary to protect human life. An employer may choose to make classified information available to the local fire department or emergency response personnel if necessary for emergency preplanning purposes. In those cases, classified information (1) may be made available to a local fire department or emergency response personnel only after it has been demonstrated that the personnel intended to have access to the classified information meet access requirements applicable to the facilities and to personnel having access to classified information, and (2) must be protected from disclosure by the local fire department and emergency response personnel in accordance with applicable rules and statutes.
299F.095 POWERS AND DUTIES OF FIRE DEPARTMENT.
(a) To the extent feasible, given the amount of funds and training available, the local fire department shall:
(1) mail or otherwise distribute hazardous substance notification report forms to employers within the jurisdiction of the fire department except for those employers for whom an inspection has been arranged or employers from whom a hazardous substance notification is considered not necessary by the fire department;
(2) retain and evaluate each hazardous substance notification report and notification of significant change submitted by each employer until the employer's workplace ceases to exist or the fire department determines retention of the hazardous substance notification report is no longer necessary;
(3) develop for fire department use appropriate fire and emergency procedures for the hazardous substance risks of each workplace based on the information received;
(4) investigate suspected violations of sections 299F.091 to 299F.099, and issue appropriate orders for compliance; and
(5) provide available material safety data sheets and hazardous substance notification reports at the request of other emergency response personnel.
(b) Data collected under sections 299F.091 to 299F.099 is nonpublic data within the meaning of section 13.02, subdivision 9.
611A.66 LAW ENFORCEMENT AGENCIES; DUTY TO INFORM VICTIMS OF RIGHT TO FILE CLAIM.
All law enforcement agencies investigating crimes shall provide victims with notice of their right to apply for reimbursement with the telephone number and website information to obtain an application form.
Law enforcement agencies shall assist the board in performing its duties under sections 611A.51 to 611A.68. Law enforcement agencies within ten days after receiving a request from the board shall supply the board with requested reports, notwithstanding any provisions to the contrary in chapter 13, and including reports otherwise maintained as confidential or not open to inspection under section 260B.171 or 260C.171. All data released to the board retains the data classification that it had in the possession of the law enforcement agency.
299C.16 INFORMATION BROADCAST TO PEACE OFFICERS.
The bureau shall broadcast, by mail, wire, and wireless, to peace officers such information as to wrongdoers wanted, property stolen or recovered, and other intelligence as may help in controlling crime.
299F.098 PENALTIES.
(a) An employer who violates a provision of sections 299F.091 to 299F.099 or a rule or order adopted or made under the authority of those sections, that is determined by rule not to be a violation of a serious nature, may be assessed a fine not to exceed $1,000.
(b) An employer who violates a provision of sections 299F.091 to 299F.099 or a rule or order adopted or made under the authority of those sections, that is determined by rule to be of a serious nature, must be assessed a fine not to exceed $1,000 for each violation.
(c) An employer who is convicted of knowingly making a false statement, representation, or certification in an application, record, report, plan, or other document filed or required to be maintained under sections 299F.091 to 299F.099 is guilty of a gross misdemeanor.
(d) An employer who is convicted of willfully or repeatedly violating the requirements of sections 299F.091 to 299F.099 or a rule or order adopted or made under those sections is guilty of a gross misdemeanor.
(e) The penalties provided by this section may be imposed in a criminal action in the name of the state brought in the district court of the county in which the violation is alleged to have occurred or the district court where the commissioner has an office. Fines imposed under sections 299F.091 to 299F.099 must be paid to the commissioner of public safety and deposited in the general fund.
(f) No employer may be convicted for violating sections 299F.091 to 299F.099 or a rule or order made or issued under those sections unless the employer was notified of the violation in writing and given a reasonable time to comply.
299C.17 REPORT BY COURT ADMINISTRATOR.
The superintendent shall require the court administrator of every court which sentences a defendant for a felony, gross misdemeanor, misdemeanor, or petty misdemeanor to electronically transmit within 24 hours of the disposition of the case a report, in a form prescribed by the superintendent providing information required by the superintendent with regard to the prosecution and disposition of criminal cases. A copy of the report shall be kept on file in the office of the court administrator.
611A.67 FRAUDULENT CLAIMS; PENALTY.
Any person who knowingly makes a false claim under sections 611A.51 to 611A.68 is guilty of a gross misdemeanor.
299F.099 LOCAL ORDINANCE PREEMPTED.
Sections 299F.091 to 299F.099 preempt and supersede any local ordinance or rule concerning the subject matter of those sections.
299C.18 BUREAU OPERATIONS REPORT.
Biennially, on or before November 15, in each even-numbered year the superintendent shall submit to the governor and the legislature a detailed report of the operations of the bureau, of information about crime and the handling of crimes and criminals by state and local officials collected by the bureau, and the superintendent's interpretations of the information, with comments and recommendations. The data contained in the report on Part I offenses cleared by arrest, as defined by the United States Department of Justice, shall be collected and tabulated geographically at least on a county-by-county basis. In such reports the superintendent shall, from time to time, include recommendations to the legislature for dealing with crime and criminals and information as to conditions and methods in other states in reference thereto, and shall furnish a copy of such report to each member of the legislature.
299J.01 AUTHORITY OF OFFICE OF PIPELINE SAFETY.
The commissioner of public safety shall, to the extent authorized by agreement with the United States Secretary of Transportation, act as agent for the United States Secretary of Transportation to implement the federal Hazardous Liquid Pipeline Safety Act, United States Code, title 49, sections 2001 to 2014, the federal Natural Gas Pipeline Safety Act, United States Code, title 49, sections 1671 to 1686, and federal pipeline safety regulations with respect to interstate pipelines located within this state. The commissioner shall, to the extent authorized by federal law, regulate pipelines in the state as authorized by sections 299J.01 to 299J.17 and 299F.56 to 299F.641.
299F.3605 PETROLEUM REFINERIES.
(a) As used in this section, "petroleum refinery" has the meaning given in section 115C.02, subdivision 10a.
(b) By January 1, 2022, each petroleum refinery operating in the state shall maintain or contract for a full-time paid on-site fire department regularly charged with the responsibility of providing fire protection to the refinery that is sufficiently trained, equipped, and staffed to respond to fires at the refinery and to conduct inspections to prevent fires.
299J.02 DEFINITIONS.
The definitions in this section apply to sections 299J.01 to 299J.17.
"Commissioner" means the commissioner of public safety.
"Director" means the director of the Office of Pipeline Safety.
"Emergency" means a condition that poses a clear and immediate danger to life or health or that threatens a significant loss of property.
"Emergency release" means a release that poses a clear and immediate danger to life or health or that threatens a significant loss of property.
"Emergency responder" means a fire department or company, a law enforcement official or office, an ambulance or other emergency rescue service, or the Division of Emergency Management created by section 12.04, subdivision 1.
"Gas" has the meaning given it in Code of Federal Regulations, title 49, section 192.3.
"Hazardous liquid" means "hazardous liquid" and "highly volatile liquid" as defined in Code of Federal Regulations, title 49, section 195.2.
"LNG" or "liquefied natural gas" means natural gas or synthetic gas having as its major constituent methane that has been changed to a liquid or semisolid.
"LNG facility" means a pipeline facility that is used for liquefying or solidifying natural gas or synthetic gas or transferring, storing, or vaporizing liquefied natural gas.
"Local governmental unit" means a county, town, or statutory or home rule charter city.
"Person" means an individual, corporation, partnership, association, or other business entity or a trustee, receiver, assignee, or personal representative of any of them.
"Pipeline" means:
(1) pipe with a nominal diameter of six inches or more, located in the state, that is used to transport hazardous liquids, but does not include pipe used to transport a hazardous liquid by gravity, and pipe used to transport or store a hazardous liquid within a refining, storage, or manufacturing facility; or
(2) pipe operated at a pressure of more than 275 pounds per square inch that carries gas.
"Pipeline operator" means a person who owns or operates a pipeline or LNG facility.
"Release" means a spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, leaching, dumping, disposing, flowing, or any other uncontrolled escape of a hazardous liquid or gas from a pipeline or gas from a LNG facility.
298.221 RECEIPTS FROM CONTRACTS; APPROPRIATION.
(a) Except as provided in paragraph (c), all money paid to the state of Minnesota pursuant to the terms of any contract entered into by the state under authority of section 298.22 and any fees which may, in the discretion of the commissioner of Iron Range resources and rehabilitation, be charged in connection with any project pursuant to that section as amended, shall be deposited in the state treasury to the credit of the Iron Range resources and rehabilitation account in the special revenue fund and are hereby appropriated for the purposes of section 298.22.
(b) Notwithstanding section 16A.013, merchandise may be accepted by the commissioner of the Iron Range resources and rehabilitation for payment of advertising contracts if the commissioner determines that the merchandise can be used for special event prizes or mementos at facilities operated by the commissioner. Nothing in this paragraph authorizes the commissioner or a member of the advisory board to receive merchandise for personal use.
(c) All fees charged by the commissioner in connection with public use of the state-owned ski and golf facilities at the Giants Ridge Recreation Area and all other revenues derived by the commissioner from the operation or lease of those facilities and from the lease, sale, or other disposition of undeveloped lands at the Giants Ridge Recreation Area must be deposited into an Iron Range resources and rehabilitation account that is created within the state enterprise fund. All funds deposited in the enterprise fund account are appropriated to the commissioner, and may only be used, after consultation with the advisory board, as follows:
(1) to pay costs associated with the construction, equipping, operation, repair, or improvement of the Giants Ridge Recreation Area facilities or lands;
(2) to pay principal, interest and associated bond issuance, reserve, and servicing costs associated with the financing of the facilities; and
(3) to pay the costs of any other project authorized under section 298.22.
299J.03 OFFICE OF PIPELINE SAFETY.
The Office of Pipeline Safety is under the control of a director appointed by the commissioner and serving at the commissioner's pleasure in the unclassified service. The commissioner shall employ in the Office of Pipeline Safety inspectors and other professional and clerical staff who serve in the classified service.
(a) The director of the office must be knowledgeable in the operation and safety aspects of pipelines.
(b) Inspectors must have scientific or technical training or experience that demonstrates in-depth knowledge of pipeline engineering technology and pipeline safety.
(c) Inspectors shall complete courses at the Transportation Safety Institute and be certified by the institute as soon as possible following appointment.
(d) Inspectors shall meet the qualifications established by the federal government in order for the state to participate in the pipeline safety grant programs under the federal Natural Gas Pipeline Safety Act of 1968, Public Law 90-481, and the federal Hazardous Liquid Pipeline Safety Act of 1979, United States Code, title 49, section 60101 et seq.
299J.04 DUTIES OF OFFICE OF PIPELINE SAFETY.
The commissioner shall:
(1) enforce sections 216D.01 to 216D.09, as provided in sections 216D.08 and 216D.09;
(2) maintain a database of all pipeline and LNG facility emergency releases;
(3) inspect, as necessary, any record, map, or written procedure required by sections 299J.01 to 299J.17 to be kept by a pipeline operator concerning the reporting of emergency releases, and the design, construction, testing, or operation and maintenance of pipelines and LNG facilities; and
(4) adopt rules to implement sections 299J.01 to 299J.17.
The rules adopted under clause (4) must treat separately and distinguish between hazardous liquid and gas pipelines and must be compatible with federal laws and regulations.
(a) The commissioner shall seek and accept federal designation of the office's pipeline inspectors as federal agents for the purposes of enforcement of the federal Hazardous Liquid Pipeline Safety Act, United States Code, title 49, sections 2001 to 2014, the federal Natural Gas Pipeline Safety Act, United States Code, title 49, sections 1671 to 1686, and federal rules adopted to implement those acts. The commissioner shall establish and submit to the United States Secretary of Transportation an inspection program that complies with requirements for delegated interstate agent inspection authority.
(b) To the extent that federal delegation of interstate agent inspection authority permits, the inspection program for interstate pipelines and LNG facilities must be the same as the inspection program for intrastate pipelines and LNG facilities. If the United States Secretary of Transportation delegates inspection authority to the state as provided in this subdivision, the commissioner, at a minimum, shall do the following to carry out the delegated federal authority:
(1) inspect pipelines and LNG facilities periodically as specified in the inspection program;
(2) collect inspection fees;
(3) order and oversee the testing of pipelines and LNG facilities as authorized by federal law and regulations; and
(4) file reports with the United States Secretary of Transportation as required to maintain the delegated inspection authority.
[Repealed by amendment, 1989 c 244 s 20]
[Repealed by amendment, 1989 c 244 s 20]
299C.23 CONTINUING EDUCATION FEE; APPROPRIATION.
The commissioner of public safety may charge tuition to cover the cost of continuing education courses provided by the Bureau of Criminal Apprehension when money available to the commissioner for this purpose is not adequate to pay these costs. The tuition fees collected are appropriated to the commissioner.
299C.21 PENALTY ON LOCAL OFFICER REFUSING INFORMATION.
If any public official charged with the duty of furnishing to the bureau fingerprint records, biological specimens, reports, or other information required by sections 299C.06, 299C.10, 299C.105, 299C.11, 299C.17, shall neglect or refuse to comply with such requirement, the bureau, in writing, shall notify the state, county, or city officer charged with the issuance of the payment of the salary of such official. Upon the receipt of the notice the state, county, or city official shall withhold the issuance of the payment of the salary or other compensation accruing to such officer for the period of 30 days thereafter until notified by the bureau that such suspension has been released by the performance of the required duty.
298.2212 INVESTMENT OF FUNDS.
All funds credited to the Iron Range resources and rehabilitation account in the special revenue fund for the purposes of section 298.22 must be invested pursuant to law. The net interest and dividends from the investments are included and become part of the funds available for purposes of section 298.22.
299J.05 PIPELINE SETBACK ORDINANCE.
(a) The commissioner shall adopt, by December 31, 1990, a model ordinance under chapter 14 requiring a setback from pipelines in areas where residential or other development is allowed. The model ordinance must apply only to new development and not to development that has occurred, or for which development permits have been issued, before the effective date of the ordinance.
(b) By August 1, 1991, each statutory or home rule charter city, town, or county that has planning and zoning authority under sections 366.10 to 366.181, 394.21 to 394.37, or 462.351 to 462.365, and in which a pipeline is located, shall adopt a pipeline setback ordinance that meets or exceeds the minimum standards of the model ordinance and is approved by the commissioner. The model ordinance applies in a jurisdiction where the local governmental unit does not adopt a setback ordinance that is approved by the commissioner by August 1, 1991.
299C.22 SECURITY GUARD; DISCHARGE OF FIREARM; REPORT.
(a) For purposes of this section, "security guard" means any person who is paid a fee, wage or salary to perform one or more of the following functions:
(1) prevention or detection of intrusion, unauthorized entry or activity, vandalism, or trespass on private property;
(2) prevention or detection of theft, loss, embezzlement, misappropriation, or concealment of merchandise, money, bonds, stocks, notes, or other valuable documents or papers;
(3) control, regulation, or direction of the flow or movements of the public, whether by vehicle or otherwise, to assure protection of private property;
(4) protection of individuals from bodily harm; or
(5) enforcement of policies and rules of the security guard's employer related to crime reduction insofar as such enforcement falls within the scope of the guard's duties.
(b) The provisions of this subdivision are not intended to include within the definition of "security guard" auditors, accountants, and accounting personnel whether or not they are employees of a private firm, corporation or independent accounting firm.
Each discharge of a firearm by a security guard in the course of employment, other than for training purposes, shall be reported to the chief of police of an organized full-time police department of the municipality in which the discharge occurred or to the county sheriff if there is no local chief of police. Reports required to be made under this subdivision shall be forwarded to the Bureau of Criminal Apprehension upon forms as may be prescribed and furnished by the bureau. The superintendent shall cause a summary of the reports to be compiled and published annually.