Minnesota Legislature
HF 1930
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:56am
Current Version - as introduced
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A bill for an act
relating to data practices; amending the regulation of business screening services;
amending Minnesota Statutes 2008, section 332.70, subdivisions 1, 2.
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 informationdeleted text end new text begin recordsnew 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 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.
A business screening service deleted text begin must not disseminate a
criminal record unless the record has been updated within the previous month.deleted text end new text begin which
furnishes criminal records shall maintain strict procedures designed to ensure that criminal
record information likely to have an adverse effect on an individual is complete and
up to date before the information is disseminated to a customer. For purposes of this
subdivision, items of public record relating to arrests, citations, prosecutions, criminal
proceedings, or convictions are considered up to date if the current public record status of
the item at the time of the report is reported.
new text end