2005 Minnesota 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. 

    HIST: 1989 c 290 art 8 s 1