HF 1396

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/22/2021 02:32pm

A bill for an act
relating to public safety; modifying Minnesota Child Protection Background Check
Act to conform with federal law and inclusion of elderly and individuals with a
disability; extending criminal history check to certain licensees and county or city
employees and volunteers; amending Minnesota Statutes 2020, sections 299C.60;
299C.61, subdivisions 2, 4, by adding subdivisions; 299C.62, subdivisions 1, 2,
3, 4, 6; 299C.63; 299C.72.

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

Section 1.

Minnesota Statutes 2020, section 299C.60, is amended to read:

299C.60 CITATION.

Sections 299C.60 to 299C.64 may be cited as the "Minnesota Child new text begin , Elder, and
Individuals with Disabilities new text end Protection Background Check Act."

Sec. 2.

Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Authorized agency. new text end

new text begin "Authorized agency" means the licensing agency or, if
one does not exist, the Bureau of Criminal Apprehension. Licensing agencies include but
are not limited to the:
new text end

new text begin (1) Minnesota Department of Human Services;
new text end

new text begin (2) Minnesota Department of Health; and
new text end

new text begin (3) Professional Educator Licensing and Standards Board.
new text end

Sec. 3.

Minnesota Statutes 2020, section 299C.61, subdivision 2, is amended to read:

Subd. 2.

Background check crime.

"Background check crime" includes child abuse
crimes, murder, manslaughter, felony level assault or any assault crime committed against
a minor new text begin or vulnerable adult new text end , kidnapping, arson, criminal sexual conduct, and
prostitution-related crimes.

Sec. 4.

Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Care. new text end

new text begin "Care" means the provision of care, treatment, education, training,
instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.
new text end

Sec. 5.

Minnesota Statutes 2020, section 299C.61, subdivision 4, is amended to read:

Subd. 4.

Child abuse crime.

"Child abuse crime" means:

(1) an act committed against a minor victim that constitutes a violation of section 609.185,
paragraph (a), clause (5); 609.221; 609.222; 609.223; 609.224; 609.2242; 609.322; 609.324;
609.342; 609.343; 609.344; 609.345; 609.352; 609.377; deleted text begin or deleted text end 609.378; new text begin or 617.247; new text end or

(2) a violation of section 152.021, subdivision 1, clause (4); 152.022, subdivision 1,
clause (5) or (6); 152.023, subdivision 1, clause (3) or (4); 152.023, subdivision 2, clause
(4) or (6); or 152.024, subdivision 1, clause (2), (3), or (4).

Sec. 6.

Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:

new text begin Subd. 8b. new text end

new text begin Covered individual. new text end

new text begin "Covered individual" means an individual:
new text end

new text begin (1) who has, seeks to have, or may have access to children, the elderly, or individuals
with disabilities, served by a qualified entity; and
new text end

new text begin (2) who:
new text end

new text begin (i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a
qualified entity; or
new text end

new text begin (ii) owns or operates, or seeks to own or operate, a qualified entity.
new text end

Sec. 7.

Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:

new text begin Subd. 8c. new text end

new text begin Individuals with disabilities. new text end

new text begin "Individuals with disabilities" means persons
with a mental or physical impairment who require assistance to perform one or more daily
living tasks.
new text end

Sec. 8.

Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:

new text begin Subd. 8d. new text end

new text begin National criminal history background check system. new text end

new text begin "National criminal
history background check system" means the criminal history record system maintained by
the Federal Bureau of Investigation based on fingerprint identification or any other method
of positive identification.
new text end

Sec. 9.

Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:

new text begin Subd. 8e. new text end

new text begin Qualified entity. new text end

new text begin "Qualified entity" means a business or organization, whether
public, private, for-profit, not-for-profit, or voluntary, that provides care or care placement
services, including a business or organization that licenses or certifies others to provide care
or care placement services.
new text end

Sec. 10.

Minnesota Statutes 2020, section 299C.62, subdivision 1, is amended to read:

Subdivision 1.

Generally.

The superintendent shall develop procedures new text begin in accordance
with United States Code, title 34, section 40102, new text end to enable a deleted text begin children's service provider deleted text end new text begin
qualified entity new text end to request a background check to determine whether a deleted text begin children's service
worker deleted text end new text begin covered worker new text end is the subject of any reported conviction for a background check
crime. deleted text begin The superintendent shall perform the background check by retrieving and reviewing
data on background check crimes. deleted text end The superintendent is authorized to exchange fingerprints
with the Federal Bureau of Investigation for purposes of deleted text begin a criminal history deleted text end new text begin the background new text end
check. The superintendent shall recover the cost of a background check through a fee charged
deleted text begin the children's service provider deleted text end new text begin to the qualified entity and make reasonable efforts to respond
to the inquiry within 15 business days new text end .

Sec. 11.

Minnesota Statutes 2020, section 299C.62, subdivision 2, is amended to read:

Subd. 2.

Background check; requirements.

deleted text begin (a) The superintendent may not perform
a background check under this section unless the children's service provider submits a
written document, signed by the children's service worker on whom the background check
is to be performed, containing the following:
deleted text end

deleted text begin (1) a question asking whether the children's service worker has ever been convicted of
a background check crime and if so, requiring a description of the crime and the particulars
of the conviction;
deleted text end

deleted text begin (2) a notification to the children's service worker that the children's service provider will
request the superintendent to perform a background check under this section; and
deleted text end

deleted text begin (3) a notification to the children's service worker of the children's service worker's rights
under subdivision 3.
deleted text end

deleted text begin (b) Background checks performed under this section may only be requested by and
provided to authorized representatives of a children's service provider who have a need to
know the information and may be used only for the purposes of sections 299C.60 to 299C.64.
Background checks may be performed pursuant to this section not later than one year after
the document is submitted under this section.
deleted text end

new text begin The superintendent may not perform a background check of a covered individual under
this section unless the covered individual:
new text end

new text begin (1) completes and signs a statement that:
new text end

new text begin (i) contains the name, address, and date of birth appearing on a valid identification
document, as defined in United States Code, title 18, section 1028, of the covered individual;
new text end

new text begin (ii) the covered individual has not been convicted of a crime and, if the covered individual
has been convicted of a crime, contains a description of the crime and the particulars of the
conviction;
new text end

new text begin (iii) notifies the covered individual that the entity may request a background check under
subdivision 1;
new text end

new text begin (iv) notifies the covered individual of the covered individual's rights under subdivision
3; and
new text end

new text begin (v) notifies the covered individual that prior to the completion of the background check
the qualified entity may choose to deny the covered individual access to a person to whom
the qualified entity provides care; and
new text end

new text begin (2) if requesting a national criminal history background check, provides a set of
fingerprints.
new text end

Sec. 12.

Minnesota Statutes 2020, section 299C.62, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Children's service worker deleted text end new text begin Covered individuals new text end rights.

deleted text begin (a) The children's
service provider shall notify the children's service worker of the children's service worker's
rights under paragraph (b).
deleted text end

deleted text begin (b) A children's service worker who is the subject of a background check request has
the following rights:
deleted text end

deleted text begin (1) the right to be informed that a children's service provider will request a background
check on the children's service worker:
deleted text end

deleted text begin (i) for purposes of the children's service worker's application to be employed by, volunteer
with, be an independent contractor for, or be an owner of a children's service provider or
for purposes of continuing as an employee, volunteer, independent contractor, or owner;
and
deleted text end

deleted text begin (ii) to determine whether the children's service worker has been convicted of any crime
specified in section 299C.61, subdivision 2 or 4;
deleted text end

deleted text begin (2) the right to be informed by the children's service provider of the superintendent's
response to the background check and to obtain from the children's service provider a copy
of the background check report;
deleted text end

deleted text begin (3) the right to obtain from the superintendent any record that forms the basis for the
report;
deleted text end

deleted text begin (4) the right to challenge the accuracy and completeness of any information contained
in the report or record pursuant to section 13.04, subdivision 4;
deleted text end

deleted text begin (5) the right to be informed by the children's service provider if the children's service
worker's application to be employed with, volunteer with, be an independent contractor for,
or be an owner of a children's service provider, or to continue as an employee, volunteer,
independent contractor, or owner, has been denied because of the superintendent's response;
and
deleted text end

deleted text begin (6) the right not to be required directly or indirectly to pay the cost of the background
check.
deleted text end

new text begin The qualified entity shall notify the covered individual who is subjected to a background
check under subdivision 1 that the individual has the right to:
new text end

new text begin (1) obtain a copy of any background check report;
new text end

new text begin (2) challenge the accuracy or completeness of the information contained in the background
report or record pursuant to section 13.04, subdivision 4, or applicable federal authority;
and
new text end

new text begin (3) be given notice of the opportunity to appeal and instructions on how to complete the
appeals process.
new text end

Sec. 13.

Minnesota Statutes 2020, section 299C.62, subdivision 4, is amended to read:

Subd. 4.

Response of bureau.

The superintendent shall respond to a background check
request within a reasonable time after receiving new text begin a request from a qualified entity or new text end the
signed, written document described in subdivision 2. The superintendent shall provide the
deleted text begin children's service provider deleted text end new text begin qualified entity new text end with a copy of the deleted text begin applicant's deleted text end new text begin covered individual's new text end
criminal record or a statement that the deleted text begin applicant deleted text end new text begin covered individual new text end is not the subject of a
criminal history record at the bureau. It is the responsibility of the deleted text begin service provider deleted text end new text begin qualified
entity new text end to determine if the deleted text begin applicant deleted text end new text begin covered individual new text end qualifies as an employee, volunteer,
or independent contractor under this section.

Sec. 14.

Minnesota Statutes 2020, section 299C.62, subdivision 6, is amended to read:

Subd. 6.

Admissibility of evidence.

Evidence or proof that a background check of a
volunteer was not requested under sections 299C.60 to 299C.64 by a deleted text begin children's service
provider deleted text end new text begin qualified entity new text end is not admissible in evidence in any litigation against a nonprofit
or charitable organization.

Sec. 15.

Minnesota Statutes 2020, section 299C.63, is amended to read:

299C.63 EXCEPTION; OTHER LAWS.

The superintendent is not required to respond to a background check request concerning
a deleted text begin children's service worker deleted text end new text begin covered individual new text end who, as a condition of occupational licensure
or employment, is subject to the background study requirements imposed by any statute or
rule other than sections 299C.60 to 299C.64. deleted text begin A background check performed on a licensee,
license applicant, or employment applicant under this section does not satisfy the
requirements of any statute or rule other than sections 299C.60 to 299C.64, that provides
for background study of members of an individual's particular occupation.
deleted text end

Sec. 16.

Minnesota Statutes 2020, section 299C.72, is amended to read:

299C.72 MINNESOTA CRIMINAL HISTORY CHECKS.

Subdivision 1.

Definitions.

For purposes of this section, the following terms have the
meanings given.

(a) "Applicant for employment" means an individual who seeks either county or city
employment or has applied to serve as a volunteer in the county or city.

(b) "Applicant for licensure" means the individual seeks a license issued by the county
or city which is not subject to a federal- or state-mandated background check.

(c) "Authorized law enforcement agency" means the county sheriff for checks conducted
for county purposes, the police department for checks conducted for city purposes, or the
county sheriff for checks conducted for city purposes where there is no police department.

(d) "Criminal history check" means retrieval of criminal history data via the secure
network described in section 299C.46.

(e) "Criminal history data" means adult convictions and adult open arrests less than one
year old found in the Minnesota computerized criminal history repository.

new text begin (f) "Current employee" means an individual presently employed by either a county or
city or who presently serves as a volunteer in the county or city.
new text end

new text begin (g) "Current licensee" means an individual who has previously sought and received a
license, which is still presently valid, issued by a county or city.
new text end

deleted text begin (f) deleted text end new text begin (h) new text end "Informed consent" has the meaning given in section 13.05, subdivision 4,
paragraph (d).

Subd. 2.

Criminal history check authorized.

(a) The criminal history check authorized
by this section shall not be used in place of a statutorily mandated or authorized background
check.

(b) An authorized law enforcement agency may conduct a criminal history check of an
individual who is an applicant for employment deleted text begin or deleted text end new text begin , current employee, new text end applicant for licensure new text begin ,
or current licensee new text end . Prior to conducting the criminal history check, the authorized law
enforcement agency must receive the informed consent of the individual.

(c) The authorized law enforcement agency shall not disseminate criminal history data
and must maintain it securely with the agency's office. The authorized law enforcement
agency can indicate whether the applicant for employment or applicant for licensure has a
criminal history that would prevent hire, acceptance as a volunteer to a hiring authority, or
would prevent the issuance of a license to the department that issues the license.