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Minnesota Legislature

Office of the Revisor of Statutes

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 299F.092, subdivision 6.
(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 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.
    Subd. 3. Relation of conviction to fire protection. 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.
    Subd. 4. Determination of relationship. 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.
History: 1989 c 290 art 8 s 1