HF 3023

as introduced - 86th Legislature (2009 - 2010) Posted on 02/16/2010 10:55am

A bill for an act
relating to commerce; regulating business screening services; providing for the
correction and deletion of certain criminal records; amending Minnesota Statutes
2008, section 332.70, subdivisions 1, 2, 3, 4.

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

Section 1.

Minnesota Statutes 2008, section 332.70, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section:

(a) "Business screening service" means a person regularly engaged in the business of
collecting, assembling, evaluating, or disseminating criminal deleted text begin record information deleted text end new text begin records new text end
on individuals for a fee. Business screening service does not include a government entity,
as defined in section 13.02, or the news media.

(b) "Conviction" has the meaning given in section 609.02, subdivision 5.

(c) "Criminal record" means a new text begin public new text end record new text begin originating from a Minnesota agency
or court new text end of an arrest, citation, prosecution, criminal proceeding, or conviction. new text begin For the
purposes of this definition, "criminal proceeding" does not include judicial opinions.
new text end

Sec. 2.

Minnesota Statutes 2008, section 332.70, subdivision 2, is amended to read:

Subd. 2.

Criminal records.

deleted text begin A business screening service must not disseminate a
criminal record unless the record has been updated within the previous month. deleted text end new text begin A business
screening service shall make all updates to Minnesota criminal records as most recently
provided by the agencies or courts in a timely manner, and make a good faith effort to
ensure the records are accurate, current, and complete as provided by those agencies and
courts. Business screening services are not liable for inaccurate data which is the result of
a good faith attempt to comply with this section.
new text end

Sec. 3.

Minnesota Statutes 2008, section 332.70, subdivision 3, is amended to read:

Subd. 3.

Correction and deletion of records.

(a) If the completeness or accuracy
of a criminal record maintained by a business screening service is disputed by the
individual who is the subject of the record, the screening service shall, without charge,
investigate the disputed record. In conducting an investigation, the business screening
service shall review and consider all relevant information submitted by the subject of the
record with respect to the disputed record new text begin to determine whether the record maintained by
the screening service accurately reflects the content of the official record, as maintained by
the official government custodian new text end .

(b) deleted text begin If the disputed record is found to be inaccurate or incomplete, the business
screening service shall promptly correct the record. If the disputed record is found to be
sealed, expunged, or the subject of a pardon, the business screening service shall promptly
delete the record. deleted text end new text begin If, upon investigation, the screening service determines that the record
does not accurately reflect the content of the official record, the screening service shall
correct the disputed record so as to accurately reflect the content of the official record.
If the disputed record is found to be sealed, expunged, or the subject of a pardon, the
business screening service shall promptly delete the record.
new text end

(c) A business screening service may terminate an investigation of a disputed record
if the business screening agency reasonably determines that the dispute is frivolous, which
may be based on the failure of the subject of the record to provide sufficient information to
investigate the disputed record. Upon making a determination that the dispute is frivolous,
the business screening service shall inform the subject of the record of the specific reasons
why it has determined that the dispute is frivolous and provide a description of any
information required to investigate the disputed record.

(d) The business screening service shall notify the subject of the disputed record
of the correction or deletion of the record or of the termination or completion of the
investigation related to the record within 30 days of the date when the agency receives
notice of the dispute from the subject of the record.

Sec. 4.

Minnesota Statutes 2008, section 332.70, subdivision 4, is amended to read:

Subd. 4.

Date and notice required.

A business screening service that disseminates
a criminal record must include the date when the record was collected new text begin by the business
screening service new text end and a notice that the information may include new text begin criminal new text end records that have
been expunged, sealed, or otherwise have become inaccessible to the public since that date.

new text begin EFFECTIVE DATE; APPLICABILITY. new text end

new text begin This section only applies to criminal
records collected by a business screening service on or after the effective date of this
section.
new text end