language to be deleted (2) new language
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:
(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 299F.092, subdivision 6.
(e) "Private data" has the meaning given in section 13.02, subdivision 12.
(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 authority in each fire protection agency to fingerprint job applicants, submit requests to the Bureau of Criminal Apprehension, and obtain state and federal criminal history data reports for a nominal fee.
Criminal history data may be used in assessing fire protection agency job applicants only if the criminal history data are directly related to the position of employment sought.
In determining if criminal history data are directly related to the position of employment sought, the hiring authority may consider:
(1) the nature and seriousness of the criminal history data on the job applicant;
(2) the relationship of the criminal history data to the purposes of regulating the position of employment sought; 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 sought.
Presented to the governor April 19, 2010
Signed by the governor April 22, 2010, 11:57 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes