HF 3716

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to firefighters; adding duties to the Board of Firefighter Standards
and Training; authorizing rulemaking; creating licensing standards; amending
Minnesota Statutes 2006, sections 299F.012, subdivision 2; 299N.01; 299N.02,
as amended; proposing coding for new law in Minnesota Statutes, chapter 299N.

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

Section 1.

Minnesota Statutes 2006, section 299F.012, subdivision 2, is amended to
read:

Subd. 2.

Fire Service Advisory Committee.

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 new text begin Standards and new text end Training deleted text begin and Education deleted text end ;

(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.

Sec. 2.

Minnesota Statutes 2006, section 299N.01, is amended to read:

299N.01 DEFINITIONS.

Subdivision 1.

Scope.

The terms used in this chapter have the meanings given
them in this section.

new text begin Subd. 1a. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Firefighter Standards and Training.
new text end

new text begin Subd. 1b. new text end

new text begin Chief firefighting officer. new text end

new text begin "Chief firefighting officer" means the highest
ranking employee or appointed official of a fire department.
new text end

new text begin Subd. 1c. new text end

new text begin Executive director. new text end

new text begin "Executive director" means the executive director of
the board.
new text end

Subd. 2.

Fire department.

"Fire department" means a regularly organized fire
department, fire protection district, or fire company, as defined in the State Fire Code
adopted under section 299F.011, new text begin or a division of a state agency, new text end regularly charged with the
responsibility of providing fire protection to the state or a local government and includes a
private nonprofit fire department directly serving a local government. It does not include
industrial fire brigades.

Subd. 3.

new text begin Licensed new text end firefighter.

" new text begin Licensed new text end firefighter" means deleted text begin a volunteer, paid
on-call, part-time, or career firefighter serving a general population deleted text end new text begin an employee of a
fire department who is licensed by the board and who is charged with the prevention or
suppression of fires new text end within the boundaries of the state. new text begin "Firefighter" includes full-time and
part-time employees, their supervisors, and appointed officials of fire departments. "Part
time" means that an individual is employed by a political subdivision in another capacity
in addition to providing fire prevention and suppression services. "Firefighter" does not
include volunteers.
new text end

new text begin Subd. 4. new text end

new text begin Professional firefighter education. new text end

new text begin "Professional firefighter education"
means a postsecondary degree program, or a nondegree program for persons who already
have a college degree, that is offered by a college or university in Minnesota, designed for
persons seeking licensure as a firefighter and approved by the board.
new text end

new text begin Subd. 5. new text end

new text begin Volunteer firefighter. new text end

new text begin "Volunteer firefighter" has the meaning given in
section 424A.001, subdivision 10.
new text end

Sec. 3.

Minnesota Statutes 2006, section 299N.02, as amended by Laws 2007, chapter
54, article 7, section 20, is amended to read:

299N.02 BOARD OF FIREFIGHTER TRAINING AND EDUCATION.

Subdivision 1.

Membership.

Notwithstanding any provision of chapter 15 to the
contrary, the Board of Firefighter new text begin Standards and new text end Training deleted text begin and Education deleted text end consists of the
following members:

(1) five members representing the Minnesota State Fire Department Association,
four of whom must be volunteer firefighters and one of whom may be a deleted text begin career deleted text end new text begin licensed new text end
firefighter, appointed by the governor;

(2) two members representing the Minnesota State Fire Chiefs Association, one of
whom must be a volunteer fire chief, appointed by the governor;

(3) two members representing the Minnesota Professional Firefighters Association,
appointed by the governor;

(4) two members representing Minnesota home rule charter and statutory cities,
appointed by the governor;

(5) two members representing Minnesota towns, appointed by the governor;

(6) the commissioner of public safety or the commissioner's designee; and

(7) one public member not affiliated or associated with any member or interest
represented in clauses (1) to (6), appointed by the governor.

The Minnesota State Fire Department Association shall recommend five persons to
be the members described in clause (1), the Minnesota State Fire Chiefs Association
shall recommend two persons to be the members described in clause (2), the Minnesota
Professional Firefighters Association shall recommend two persons to be the members
described in clause (3), the League of Minnesota Cities shall recommend two persons to
be the members described in clause (4), and the Minnesota Association of Townships
shall recommend two persons to be the members described in clause (5). In making the
appointments the governor shall try to achieve representation from all geographic areas of
the state.

Subd. 2.

Terms; chair; compensation.

Members of the board shall serve for terms
of four years and annually elect a chair from among the members. Terms and filling of
vacancies are subject to section 15.0575, subdivisions 2, 4, and 5. Members serve without
compensation.

deleted text begin Subd. 3. deleted text end

deleted text begin Powers and duties. deleted text end

deleted text begin (a) The board shall:
deleted text end

deleted text begin (1) review fire service training needs and make recommendations on training to
Minnesota fire service organizations;
deleted text end

deleted text begin (2) establish standards for educational programs for the fire service and develop
procedures for continuing oversight of the programs; and
deleted text end

deleted text begin (3) establish qualifications for fire service training instructors in programs
established under clause (2).
deleted text end

deleted text begin (b) The board may:
deleted text end

deleted text begin (1) hire or contract for technical or professional services according to section 15.061;
deleted text end

deleted text begin (2) pay expenses necessary to carry out its duties;
deleted text end

deleted text begin (3) apply for, receive, and accept grants, gifts, devises, and endowments that any
entity may make to the board for the purposes of this chapter and may use any money
given to it consistent with the terms and conditions under which the money was received
and for the purposes stated;
deleted text end

deleted text begin (4) make recommendations to the legislature to improve the quality of firefighter
training;
deleted text end

deleted text begin (5) collect and provide data, subject to section 13.03;
deleted text end

deleted text begin (6) conduct studies and surveys and make reports; and
deleted text end

deleted text begin (7) conduct other activities necessary to carry out its duties.
deleted text end

new text begin Subd. 4. new text end

new text begin Limitation on certain board members. new text end

new text begin Board members who are
volunteer firefighters or who are representatives of fire departments that deploy only
volunteer firefighters are not authorized to vote on any matter that is applicable only to
licensed firefighters.
new text end

Sec. 4.

new text begin [299N.03] POWERS AND DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Powers and duties. new text end

new text begin The board has the following powers and duties:
new text end

new text begin (1) to certify firefighters' training schools or programs administered by the state,
counties, and municipalities located within the state in whole or in part no later than 90
days after receipt of an application for certification. The reasons for noncertification of
any school or program or part thereof must be transmitted to the school within 90 days
and must contain a detailed explanation of the reasons for which the school or program
was disapproved and an explanation of what supporting material or other requirements
are necessary for the board to reconsider. Disapproval of a school or program does not
preclude the reapplication for certification of the school or program;
new text end

new text begin (2) to issue certificates to schools, and to revoke certification when necessary to
maintain the objectives and purposes of this chapter;
new text end

new text begin (3) to certify as qualified instructors at firefighter training schools and to issue
appropriate certificates to the instructors;
new text end

new text begin (4) to certify apprenticeship programs maintained by fire departments;
new text end

new text begin (5) to license firefighters who have satisfactorily completed certified basic training
programs, and passed examinations as required by the board;
new text end

new text begin (6) to cause studies and surveys to be made relating to the establishment, operation,
and approval of state, county, and municipal firefighter training schools;
new text end

new text begin (7) to consult and cooperate with state, county, and municipal firefighter training
schools for the development of in-service training programs for firefighters;
new text end

new text begin (8) to consult and cooperate with universities, colleges, and technical colleges for
the development of specialized courses of instruction and study in the state for licensed
firefighters and firefighters in fire science and fire department administration;
new text end

new text begin (9) to consult and cooperate with other departments and agencies of the state and
federal government concerned with firefighter standards and training;
new text end

new text begin (10) to perform other acts that are necessary and appropriate to carry out the powers
and duties of this chapter;
new text end

new text begin (11) to coordinate the provision, on a regional basis, of skills-oriented basic training
courses to graduates of certified professional firefighter education programs;
new text end

new text begin (12) to obtain criminal conviction data for persons seeking a license to be issued
or possessing a license issued by the board. The board has authority to obtain criminal
conviction data to the full extent that any law enforcement agency, as that term is defined
by state or federal law, has to obtain the data;
new text end

new text begin (13) to prepare and transmit annually to the governor a report of its activities with
respect to allocation of money appropriated to it for firefighter training, including the
name and address of each recipient of money for that purpose, the amount awarded,
and the purpose of the award; and
new text end

new text begin (14) to assist and cooperate with any political subdivision or state agency that
employs persons licensed by the board to establish written procedures for the investigation
and resolution of allegations of misconduct of persons licensed by the board, and to
enforce licensing sanctions for failure to implement the procedures. In addition, the
board may maintain data received from law enforcement agencies, provide the data to
requesting fire departments who are conducting background investigations, and maintain
data on applicants and licensees as part of firefighter license data. The data that may be
maintained include the name of the fire department conducting the investigation and
data on the candidate.
new text end

new text begin Subd. 2. new text end

new text begin Additional authority. new text end

new text begin The board may:
new text end

new text begin (1) recommend studies, surveys, and reports to be made by the executive director
regarding carrying out the objectives and purposes of this chapter;
new text end

new text begin (2) visit and inspect any firefighter training school approved by the executive
director or for which application for approval has been made;
new text end

new text begin (3) make recommendations, from time to time, to the executive director, state fire
marshal, and the governor regarding carrying out the objectives and purposes of this
chapter;
new text end

new text begin (4) cooperate with and receive financial assistance from and join in projects or enter
into contracts with the federal government or its agencies;
new text end

new text begin (5) hire or contract for technical or professional services according to section 15.061;
new text end

new text begin (6) pay expenses necessary to carry out its duties;
new text end

new text begin (7) apply for, receive, and accept grants, gifts, devises, and endowments that any
entity may make to the board for the purposes of this chapter and may use any money
given to it consistent with the terms and conditions under which the money was received
and for the purposes stated;
new text end

new text begin (8) make recommendations to the legislature to improve the quality of firefighter
training; and
new text end

new text begin (9) perform other acts that are necessary or appropriate to carry out the powers
and duties of the board.
new text end

new text begin Subd. 3. new text end

new text begin Reporting requirements. new text end

new text begin The board shall report to the state fire marshal
and to the governor at least every two years concerning the activities of the board. The
board shall also report every two years to the chairs of the senate and house committees
and divisions having jurisdiction over criminal justice funding concerning the activities of
the board.
new text end

Sec. 5.

new text begin [299N.04] RULES; EXECUTIVE DIRECTOR.
new text end

new text begin Subdivision 1. new text end

new text begin Rules required. new text end

new text begin The board shall adopt rules with respect to:
new text end

new text begin (1) the certification of firefighter training schools, programs, or courses. The schools,
programs, and courses must include those administered by the state, county, school district,
municipality, or joint or contractual combinations thereof, and must include preparatory
instruction in firefighting and minimum basic training courses. The schools shall also
grant credit toward a professional firefighter education degree for training or course work
successfully completed as part of an apprenticeship program certified by the board;
new text end

new text begin (2) minimum courses of study, attendance requirements, and equipment and facilities
to be required at each certified firefighter training school located within the state;
new text end

new text begin (3) minimum qualifications for instructors at certified firefighter training schools
located within the state;
new text end

new text begin (4) minimum standards of physical, mental, and educational fitness governing the
recruitment and licensing of firefighters within the state, by any state, county, municipality,
or joint or contractual combination thereof;
new text end

new text begin (5) minimum standards of conduct that would affect an individual's performance
of duties as a licensed firefighter. The board shall review the minimum standards of
conduct described in this clause for possible modification in 2011 and every three years
after that time;
new text end

new text begin (6) minimum basic training which licensed firefighters appointed to temporary or
probationary terms shall complete before being eligible for permanent appointment, and
the time within which the basic training must be completed following any appointment to
a temporary or probationary term;
new text end

new text begin (7) minimum specialized training which a part-time licensed firefighter must
complete in order to be eligible for continued employment as a part-time licensed
firefighter or permanent employment as a licensed firefighter, and the time within which
the specialized training must be completed;
new text end

new text begin (8) recommended specialized training for volunteer firefighters;
new text end

new text begin (9) content of minimum basic training courses required of graduates of certified
firefighting training schools or programs. The courses must not duplicate the content
of certified academic or general background courses completed by a student but must
concentrate on practical skills deemed essential for a firefighter. Successful completion of
the course is considered satisfaction of the minimum basic training requirement;
new text end

new text begin (10) grading, reporting, attendance, and other records, and certificates of attendance
or accomplishment;
new text end

new text begin (11) the procedures to be followed by a part-time licensed firefighter for notifying
the board of intent to pursue the specialized training for part-time licensed firefighters who
wish to become full-time under clause (7);
new text end

new text begin (12) the establishment and use by any political subdivision or state firefighting
agency, that employs persons licensed by the board, of procedures for investigation and
resolution of allegations of misconduct by persons licensed by the board. These rules are
not subject to section 14.125, but must be adopted on or before October 1, 2010;
new text end

new text begin (13) citizenship requirements for licensed firefighters;
new text end

new text begin (14) driver's license requirements for licensed firefighters; and
new text end

new text begin (15) other matters consistent with this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Executive director. new text end

new text begin An executive director shall be appointed by and
serve in the unclassified service at the pleasure of the board. The executive director shall
perform duties on behalf of the board as the board prescribes. The board shall appoint
employees, agents, and consultants as necessary, prescribe their duties, and provide for
reimbursement of their expenses. The employees shall be in the classified service.
new text end

Sec. 6.

new text begin [299N.05] TERMS; MEETINGS; COMPENSATION; REMOVAL;
VACANCIES.
new text end

new text begin Subdivision 1. new text end

new text begin Board procedural matters. new text end

new text begin Meetings shall be called at the request
of the chair or upon the written request of a majority of the members of the board.
Membership on the board does not constitute the holding of a public office, and members
of the board are not required to take and file oaths of office or submit a public official's
bond before serving on the board. No member of the board is disqualified from holding
any public office or employment, by reason of appointment to the board, nor shall the
member forfeit any such office or employment notwithstanding any general, special, or
local restriction; ordinance; or city charter to the contrary.
new text end

new text begin Subd. 2. new text end

new text begin Terms, compensation, removal, and filling of vacancies. new text end

new text begin The
membership terms, compensation, removal of members, and filling of vacancies for
members appointed under section 299N.02; the provision of staff, administrative services,
and office space; the review and processing of complaints; the setting of fees; and other
matters relating to board operations are as provided in chapter 214.
new text end

Sec. 7.

new text begin [299N.06] AUTOMATIC LICENSE REVOCATION.
new text end

new text begin The license of a licensed firefighter convicted of a felony is automatically revoked.
For purposes of this section, "conviction" includes a finding of guilt, whether or not the
adjudication of guilt is stayed or executed, an admission of guilt, or a no contest plea.
new text end

Sec. 8.

new text begin [299N.07] REVOCATION; SUSPENSION; DENIAL.
new text end

new text begin Subdivision 1. new text end

new text begin Grounds for revocation, suspension, or denial. new text end

new text begin (a) The board may
refuse to issue, refuse to renew, refuse to reinstate, suspend, or revoke eligibility for
licensure or may revoke a licensed firefighter's license for any of the following causes:
new text end

new text begin (1) fraud or misrepresentation in obtaining a license;
new text end

new text begin (2) failure to meet licensure requirements; or
new text end

new text begin (3) a violation of the standards of conduct set forth in rules adopted by the board.
new text end

new text begin (b) Unless otherwise provided by the board, a revocation or suspension applies
to each license, renewal, or reinstatement privilege held by the individual at the time
final action is taken by the board. A person whose license or renewal privilege has been
suspended or revoked is ineligible to be issued any other license by the board during the
pendency of the suspension or revocation.
new text end

new text begin Subd. 2. new text end

new text begin Discovery of disqualifying conviction after licensure. new text end

new text begin The board may
suspend or revoke a licensed firefighter's license when the licensee has been convicted
of a crime recognized by the board as a crime that would disqualify the licensee from
participating in a professional firefighter education course, taking the firefighter licensing
examination or maintaining eligibility for licensure under Minnesota Rules. The authority
to suspend or revoke a license applies to all individuals who have been granted a license
when a disqualifying conviction that would have precluded eligibility for licensure is
discovered after licensure.
new text end

Sec. 9.

new text begin [299N.08] MINIMUM EDUCATION AND TRAINING REQUIREMENTS
FOR LICENSED FIREFIGHTERS.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility to take licensing examination. new text end

new text begin A person is not eligible to
take the licensing examination unless the person has successfully met the requirements
of section 299N.14.
new text end

new text begin Subd. 2. new text end

new text begin In-service training; board requirements. new text end

new text begin The board must provide
instructional materials to chief firefighting officers. These materials must meet board
requirements for continuing education credit and be updated periodically as the board
considers appropriate.
new text end

new text begin Subd. 3. new text end

new text begin In-service training; chief firefighting officer requirements. new text end

new text begin A chief
firefighting officer must ensure that all licensed firefighters within the officer's department
have been provided with the instructional materials provided by the board under
subdivision 2 and informed of the availability of continuing education credit for the
completion of these materials. The chief firefighting officer must also encourage these
licensed firefighters to review or complete the materials.
new text end

new text begin Subd. 4. new text end

new text begin Record keeping required. new text end

new text begin The chief firefighting officer of every
fire department shall maintain written records of the agency's compliance with the
requirements of subdivisions 1 and 3.
new text end

new text begin Subd. 5. new text end

new text begin Licensing sanctions; injunctive relief. new text end

new text begin The board may impose licensing
sanctions and seek injunctive relief under section 214.11 for failure to comply with the
requirements of this section.
new text end

Sec. 10.

new text begin [299N.09] TRAINING IN FIRE SCENE RESPONSE AND ARSON
AWARENESS.
new text end

new text begin Subdivision 1. new text end

new text begin Training course. new text end

new text begin The board, in consultation with the state fire
marshal, shall prepare objectives for a training course to instruct firefighters in fire scene
response and arson awareness.
new text end

new text begin Subd. 2. new text end

new text begin Preservice training requirement. new text end

new text begin An individual is not eligible to take the
firefighter licensing examination after August 1, 2011, unless the individual has received
the training described in subdivision 1.
new text end

Sec. 11.

new text begin [299N.10] PROFESSIONAL CONDUCT OF FIREFIGHTERS.
new text end

new text begin A chief firefighting officer shall report annually to the board summary data regarding
the investigation and disposition of cases involving alleged misconduct by a licensed
firefighter, indicating the total number of investigations, the total number by each subject
matter, the number dismissed as unfounded, and the number dismissed on grounds that the
allegation was unsubstantiated.
new text end

Sec. 12.

new text begin [299N.11] LICENSE REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure requirement. new text end

new text begin Notwithstanding any general or local law
or charter to the contrary, a firefighter employed on or after July 1, 2011, by any state,
county, municipality, or joint or contractual combination thereof of the state of Minnesota
is not eligible for permanent appointment without being licensed by the board.
new text end

new text begin Subd. 2. new text end

new text begin Forfeiture of position. new text end

new text begin Every firefighter or firefighter who is appointed
by any state, county, municipality, or joint or contractual combination thereof of the
state of Minnesota on a temporary basis or for a probationary term shall forfeit the
firefighter's position unless the officer has been licensed by the board within the time
period determined by the board.
new text end

new text begin Subd. 3. new text end

new text begin Grandparent provision. new text end

new text begin A firefighter who has received a permanent
appointment prior to July 1, 2011, within a fire department, shall be licensed by the board
if the firefighter has met the requirements of this chapter in effect on June 30, 2011, and if
the firefighter has requested licensing by the board.
new text end

new text begin Subd. 4. new text end

new text begin Not applicable to volunteer firefighters. new text end

new text begin This section does not apply
to volunteer firefighters.
new text end

Sec. 13.

new text begin [299N.12] LICENSING EXAMINATIONS; COMPETENCY
REQUIREMENTS.
new text end

new text begin Firefighter licensing examinations must be prepared and administered by the
Minnesota Fire Service Certification Board, or any other entity that is certified by the
International Fire Service Accreditation Congress and approved by the board. Firefighter
licensing examinations shall be designed to ensure competency in at least the following
areas:
new text end

new text begin (1) fire prevention;
new text end

new text begin (2) fire suppression;
new text end

new text begin (3) hazardous materials;
new text end

new text begin (4) fire apparatus operations; and
new text end

new text begin (5) other areas as determined by the board.
new text end

new text begin The board shall prepare learning objectives for an 80-hour course to test competency
under this section. Upon request, the board shall provide to any chief firefighting officer
lesson plans and instructional materials reasonably necessary to conduct classes in the
required areas of study. Nothing in this section may be construed to prohibit a requirement
for more comprehensive training imposed by a local fire department.
new text end

Sec. 14.

new text begin [299N.13] TRAINING COURSES; LOCATIONS.
new text end

new text begin Subject to board rules, the state fire marshal shall provide courses at convenient
locations in the state for training firefighters and in the use of approved equipment and
the latest techniques for prevention and suppression of fires and other public safety
hazards. For this purpose, the state fire marshal may use the services and employees of
the state. Nothing in this section shall be construed as establishing a mandatory training
requirement for volunteer firefighters.
new text end

Sec. 15.

new text begin [299N.14] ELIGIBILITY FOR FIREFIGHTER LICENSING.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility for licensing examination. new text end

new text begin Any person may take the
firefighter licensing examination who has successfully completed:
new text end

new text begin (1) (i) a professional firefighter course certified by the board from a postsecondary
educational institution approved by the Department of Education or an accredited
institution of higher learning; or
new text end

new text begin (ii) an apprenticeship program certified by the board and maintained by a fire
department employing the person; and
new text end

new text begin (2) a skills-oriented basic training course established under section 299N.03,
subdivision 1, clause (9).
new text end

new text begin Subd. 2. new text end

new text begin Certain baccalaureate degree holders eligible to take licensing
examination. new text end

new text begin A person with a baccalaureate degree from an accredited college or
university who has successfully completed the skills-oriented basic training course under
subdivision 1, clause (2), is eligible to take the firefighter licensing examination without
complying with subdivision 1, clause (1).
new text end

Sec. 16.

new text begin [299N.15] ELIGIBILITY FOR RECIPROCITY EXAMINATION
BASED ON RELEVANT MILITARY EXPERIENCE.
new text end

new text begin A person who has five years of active duty military fire safety service and who has
been honorably discharged from the military is eligible to take the reciprocity examination.
new text end

Sec. 17.

new text begin [299N.16] PROFESSIONAL FIREFIGHTER EDUCATION
PROGRAMS.
new text end

new text begin Metropolitan State University and Minneapolis Community College, in consultation
with the Board of Firefighter Standards and Training and fire departments in the
seven-county metropolitan area, shall provide core professional firefighter education
courses in an accelerated time period. The schools shall grant priority admission to
students who have a bona fide offer of employment from a Minnesota fire department.
These courses shall be available at the beginning of the 2011-2012 academic year and are
contingent on sufficient program enrollment. The board, Metropolitan State University,
and Minneapolis Community College shall evaluate the accelerated professional firefighter
education programs and report their findings to the 2013 legislature.
new text end

Sec. 18.

new text begin [299N.17] POWERS OF FIREFIGHTERS.
new text end

new text begin (a) Except as specifically provided by statute, only a licensed firefighter or volunteer
firefighter may:
new text end

new text begin (1) operate fire emergency vehicles and equipment owned or maintained by a
political subdivision at the scene of a fire, natural disaster, or other public safety hazard; or
new text end

new text begin (2) obtain access, without the consent of the owner or lawful occupant, to real
property or a structure on the property in the capacity of a member of a fire department in
response to a fire, natural disaster, or other public safety hazard.
new text end

new text begin (b) Notwithstanding paragraph (a), section 604A.01 applies to emergency situations.
new text end

Sec. 19.

new text begin [299N.18] FIREFIGHTER BACKGROUND INVESTIGATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Background investigation required. new text end

new text begin (a) A fire department shall
conduct a thorough background investigation on an applicant for employment as a licensed
firefighter or an applicant for a position leading to employment as a licensed firefighter
before the applicant may be employed. The background investigation must determine, at a
minimum, whether the candidate meets the following standards:
new text end

new text begin (1) standards established by the board; and
new text end

new text begin (2) established security standards for access to state and national computerized
record and communication systems.
new text end

new text begin (b) This requirement does not prevent a fire department from establishing higher
standards for fire department employees if those standards are not contrary to applicable
law.
new text end

new text begin Subd. 2. new text end

new text begin Disclosure of employment information. new text end

new text begin Upon request of a fire
department, 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 a sworn firefighter or other
authorized representative of the fire department conducting the background investigation.
new text end

new text begin Subd. 3. new text end

new text begin Refusal to disclose a personnel record. new text end

new text begin 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 a sworn firefighter from the fire department conducting the
background 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 firefighter requesting
the order and an attorney representing the state or the political subdivision on whose
behalf the background 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.
new text end

new text begin Subd. 4. new text end

new text begin Immunity from liability. new text end

new text begin 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 employment information released to a fire department under this section.
new text end

new text begin Subd. 5. new text end

new text begin Notice of investigation. new text end

new text begin Upon initiation of a background investigation
under this section, the fire department shall give written notice to the board of:
new text end

new text begin (1) the candidate's full name and date of birth; and
new text end

new text begin (2) the candidate's firefighter license number, if known.
new text end

new text begin The initiation of a background investigation does not include the submission of an
application for employment. Initiation of a background investigation occurs when the fire
department begins its determination of whether an applicant meets the agency's standards
for employment as a firefighter.
new text end

new text begin Subd. 6. new text end

new text begin Confidentiality agreements. new text end

new text begin 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 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 in accordance with 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 an order exists, along with information identifying
the court and court's file number.
new text end

new text begin Subd. 7. new text end

new text begin Employment information. new text end

new text begin 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.
new text end