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HF 3130

as introduced - 86th Legislature (2009 - 2010) Posted on 02/22/2010 11:53am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/22/2010

Current Version - as introduced

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A bill for an act
relating to public safety; authorizing fire departments to access criminal history
data on current employees; amending Minnesota Statutes 2008, section 299F.035.

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

Section 1.

Minnesota Statutes 2008, section 299F.035, is amended to read:


299F.035 FIRE DEPARTMENT USE OF CRIMINAL HISTORY DATA.

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "Criminal history data" has the meaning given in section 13.87.

(c) "Criminal justice agency" has the meaning given in section 299C.46, subdivision
2
.

(d) "Fire department" has the meaning given in section deleted text begin299F.092, subdivision 6deleted text endnew text begin
299N.01, subdivision 2
new text end.

(e) "Private data" has the meaning given in section 13.02, subdivision 12.

Subd. 2.

Plan for access to data.

(a) The superintendent of the Bureau of Criminal
Apprehension, in consultation with the state fire marshal, shall develop and implement a
plan for fire departments to have access to criminal history data.

(b) The plan must include:

(1) security procedures to prevent unauthorized use or disclosure of private data; and

(2) a procedure for the hiring new text beginor employing new text endauthority in each fire deleted text beginprotection agencydeleted text end
new text begin department new text endto fingerprint job applicantsnew text begin or employeesnew text end, submit requests to the Bureau
of Criminal Apprehension, and obtain state and federal criminal history data reports
for a nominal fee.

Subd. 3.

Relation of conviction to fire protection.

Criminal history data may be
used in assessing fire deleted text beginprotection agencydeleted text end new text begindepartment new text endjob applicants new text beginor employees new text endonly if
the criminal history data are directly related to the position of employment soughtnew text begin or
currently held
new text end.

Subd. 4.

Determination of relationship.

In determining if criminal history data are
directly related to the position of employment deleted text beginsoughtdeleted text end, the hiring new text beginor employing new text endauthority
may consider:

(1) the nature and seriousness of the criminal history data on the job applicantnew text begin or
employee
new text end;

(2) the relationship of the criminal history data to the purposes of regulating the
position of employment deleted text beginsoughtdeleted text end; 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 deleted text beginsoughtdeleted text end.

new text begin Subd. 5. new text end

new text begin Uniformity of application; frequency. new text end

new text begin 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.
new text end