HF 2066

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/16/2020 11:20am

A bill for an act
relating to public safety; authorizing local units of government to conduct criminal
background checks under certain circumstances; proposing coding for new law in
Minnesota Statutes, chapter 299C.

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

Section 1.

new text begin [299C.77] FEDERAL BACKGROUND CHECKS BY POLITICAL
SUBDIVISIONS.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given them.
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new text begin (b) "Applicant for employment" means an individual who seeks either county or city
employment where the job duties include access to residential property or business property.
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new text begin (c) "Applicant for licensure" means an individual who seeks a license issued by a county
or city to:
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new text begin (1) operate a cabaret;
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new text begin (2) provide massage services;
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new text begin (3) operate a business providing massage services;
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new text begin (4) operate as a solicitor or peddler;
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new text begin (5) operate a lawful gambling business other than charitable gambling;
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new text begin (6) obtain a premise permit for lawful gambling;
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new text begin (7) operate a taxi service; or
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new text begin (8) operate as a pawnbroker or precious metal or secondhand goods dealer.
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new text begin Subd. 2. new text end

new text begin Background check authorized. new text end

new text begin (a) A county or city may investigate the
criminal history background of any applicant for employment or applicant for licensure.
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new text begin (b) The investigation must consist of a criminal history check of the state criminal records
repository and a national criminal history check. The county or city shall accept the
applicant's signed informed consent form for the state and national criminal history check
request, fingerprints, and required fees. The county or city shall submit the applicant's signed
informed consent form, fingerprints, and fees to the superintendent of the Bureau of Criminal
Apprehension, who is authorized to exchange the fingerprints with the Federal Bureau of
Investigation to obtain the applicant's national criminal history record information. The
superintendent shall also retrieve Minnesota criminal history data and provide the results
of both checks to the county or city. Using the criminal history data provided by the
superintendent, the county or city shall determine whether the applicant is disqualified from
employment or licensure. The applicant's failure to cooperate with the county or city in
conducting the records check is reasonable cause to deny an application.
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