Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Minnesota criminal history" means adult convictions and juvenile adjudications.
(c) "Fire department" has the meaning given in section 299N.01, subdivision 2.
(d) "Private data" has the meaning given in section 13.02, subdivision 12.
Subd. 2. Plan for access to data. (a) A background check must be conducted on all applicants for employment and may be conducted on current employees at a fire department. The fire chief must conduct a Minnesota criminal history record check. For applicants for employment who have lived in Minnesota for less than five years, or on the request of the fire chief, a national criminal history record check must also be conducted.
(b) For a Minnesota criminal history record check, the fire chief must either (1) submit the signed informed consent of the applicant or employee and the required fee to the superintendent, or (2) submit the signed informed consent to the chief of police. The superintendent or chief must retrieve Minnesota criminal history data and provide the data to the fire chief for review.
(c) For a national criminal history record check, the fire chief must submit the signed informed consent and fingerprints of the applicant or employee, and the required fee, to the superintendent. The superintendent may exchange the fingerprints with the Federal Bureau of Investigation to obtain the individual's national criminal history record information. The superintendent must return the results of the national criminal history record check to the fire chief for the purpose of determining if the applicant is qualified to be employed or if a current employee is able to retain the employee's position.
Subd. 3. Relation of conviction to fire protection. Criminal history data may be used in assessing fire department job applicants or employees only if the criminal history data are directly related to the position of employment sought or currently held.
Subd. 4. Determination of relationship. In determining if criminal history data are directly related to the position of employment, the hiring or employing authority may consider:
(1) the nature and seriousness of the criminal history data on the job applicant or employee;
(2) the relationship of the criminal history data to the purposes of regulating the position of employment; 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.
Subd. 5. Uniformity of application; frequency. 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.
1989 c 290 art 8 s 1; 2010 c 259 s 1; 2013 c 82 s 31,32
Structure Minnesota Statutes
Chapters 299A - 299N — Public Safety
Section 299F.01 — Fire Marshal.
Section 299F.011 — State Fire Code; Administration And Enforcement.
Section 299F.0115 — Exemption For Members Of Federally Recognized Tribes.
Section 299F.012 — Fire Safety Account.
Section 299F.013 — Fuel Dispensing.
Section 299F.014 — Petroleum Storage Tanks; Tank Vehicle Parking.
Section 299F.03 — Special Attorney.
Section 299F.035 — Fire Department Use Of Criminal History Data.
Section 299F.036 — Firefighter; Previous Employment Investigation.
Section 299F.037 — Reporting Firefighter Deaths.
Section 299F.04 — Origin Of Fire Investigated; Computerized Arson Data.
Section 299F.05 — Law Enforcement Powers; Information System.
Section 299F.051 — Arson Training.
Section 299F.052 — Arson Reporting Immunity Law, Citation.
Section 299F.053 — Definitions.
Section 299F.054 — Disclosure Of Information.
Section 299F.055 — Confidential Data; Evidence.
Section 299F.056 — Enforcement.
Section 299F.057 — Applicability Of Ordinances; Concurrent Jurisdiction.
Section 299F.059 — Juvenile Fire Setter Intervention.
Section 299F.06 — Testimonial Powers.
Section 299F.08 — Premises, When Entered.
Section 299F.09 — Building Entered Within Reasonable Hours.
Section 299F.092 — Definitions.
Section 299F.093 — Powers And Duties Of Commissioner.
Section 299F.094 — Report Required; Contents.
Section 299F.095 — Powers And Duties Of Fire Department.
Section 299F.096 — Duty To Safeguard Private Information.
Section 299F.099 — Local Ordinance Preempted.
Section 299F.18 — Combustible Material Removed.
Section 299F.19 — Flammable Liquids And Explosives.
Section 299F.20 — Failure To Comply, Punishment.
Section 299F.28 — Records Are Public, Exceptions.
Section 299F.29 — County And City Attorneys To Assist.
Section 299F.30 — Fire Drill In School; Doors And Exits.
Section 299F.31 — Penalties Paid Into State Treasury.
Section 299F.32 — Statutory Construction.
Section 299F.35 — Statement Of Insured, Use In Civil Action.
Section 299F.3605 — Petroleum Refineries.
Section 299F.362 — Smoke Detector; Installation; Rules; Penalty.
Section 299F.391 — Health Care, Education, Or Lodging Facility.
Section 299F.40 — Liquefied Petroleum Or Industrial Gas Container.
Section 299F.46 — Hotel Inspections.
Section 299F.47 — School Inspections.
Section 299F.48 — Automatic Sprinkler Systems In Existing Public Housing Buildings.
Section 299F.50 — Definitions.
Section 299F.51 — Requirements For Carbon Monoxide Alarms.
Section 299F.56 — Definitions; Natural Gas Pipeline Safety.
Section 299F.57 — Safety Standards; Gas Pipeline.
Section 299F.58 — Certification And Report To Federal Government.
Section 299F.59 — Compliance With Standards.
Section 299F.60 — Pipeline Violation; Rules, Civil Penalties.
Section 299F.61 — Pipeline Violation; Injunctive Relief, Judicial Procedure.
Section 299F.62 — Plan To Operate And Maintain Gas Pipeline.
Section 299F.63 — Records, Reports, Inspections.
Section 299F.631 — Inspection Fee; Assessment, Rules.
Section 299F.64 — Federal Money.
Section 299F.641 — Intrastate Hazardous Liquid Pipeline.
Section 299F.72 — Definitions.
Section 299F.73 — License Required.
Section 299F.74 — Permit Required For Possession Or Use.
Section 299F.75 — Permit Application.
Section 299F.76 — Affirmation And Identification; Effective Period.
Section 299F.77 — Issuance To Certain Persons Prohibited.
Section 299F.785 — Black Powder.
Section 299F.79 — Unlawful Possession Of Component; Penalty.
Section 299F.80 — Unlawful Possession Of Explosive; Penalties.
Section 299F.82 — Illegal Transfer; Penalty.
Section 299F.83 — Negligent Discharge.
Section 299F.831 — Handling While Influenced By Alcohol Or Drug.
Section 299F.850 — Cigarette Fire Safety Definitions.
Section 299F.851 — Test Method And Performance Standard.
Section 299F.852 — Certification And Product Change.
Section 299F.853 — Marking And Cigarette Packaging.
Section 299F.854 — Penalties And Remedies.
Section 299F.855 — Implementation.
Section 299F.856 — Inspection.
Section 299F.857 — Reduced Cigarette Ignition Propensity Account.