HF 2262

as introduced - 87th Legislature (2011 - 2012) Posted on 02/15/2012 01:53pm

A bill for an act
relating to background checks; requiring a background check on certain hotel,
motel, and lodging establishment employees; requiring a background check
on volunteers of certain shelters serving battered women and the homeless;
amending Minnesota Statutes 2010, sections 157.16, subdivision 1; 245C.03,
by adding a subdivision; 245C.04, by adding a subdivision; 245C.10, by adding
a subdivision; 299C.66; 299C.67, by adding subdivisions; 299C.70; 299C.71;
611A.371, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 299C.

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

ARTICLE 1

HOTEL, MOTEL, RESORT, AND OTHER LODGING ESTABLISHMENTS

Section 1.

Minnesota Statutes 2010, section 157.16, subdivision 1, is amended to read:

Subdivision 1.

License required annually.

A license is required annually for every
person, firm, or corporation engaged in the business of conducting a food and beverage
service establishment, youth camp, hotel, motel, lodging establishment, public pool, or
resort. Any person wishing to operate a place of business licensed in this section shall first
make application, pay the required fee specified in this section, and receive approval for
operation, including plan review approval. Special event food stands are not required to
submit plans. Nonprofit organizations operating a special event food stand with multiple
locations at an annual one-day event shall be issued only one license. Application
shall be made on forms provided by the commissioner and shall require the applicant
to state the full name and address of the owner of the building, structure, or enclosure,
the lessee and manager of the food and beverage service establishment, hotel, motel,
lodging establishment, public pool, or resort; the name under which the business is to be
conducted; new text begin where applicable, certification of compliance with the background check
requirements contained in sections 299C.685 and 299C.695; new text end and any other information as
may be required by the commissioner to complete the application for license.

Sec. 2.

Minnesota Statutes 2010, section 299C.66, is amended to read:

299C.66 CITATION.

Sections 299C.66 to 299C.71 may be cited as the "Kari Koskinen deleted text begin Manager
deleted text end Background Check Act."

Sec. 3.

Minnesota Statutes 2010, section 299C.67, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Employee. new text end

new text begin "Employee" means an individual who is employed by, or
has applied for employment with, the operator of a hotel or motel, resort, or lodging
establishment who has or would have the means, within the scope of the individual's duties,
to enter a sleeping room that is regularly made available for use by members of the public.
new text end

Sec. 4.

Minnesota Statutes 2010, section 299C.67, is amended by adding a subdivision
to read:

new text begin Subd. 3b. new text end

new text begin Hotel or motel. new text end

new text begin "Hotel or motel" has the meaning given in section
157.15, subdivision 7.
new text end

Sec. 5.

Minnesota Statutes 2010, section 299C.67, is amended by adding a subdivision
to read:

new text begin Subd. 3c. new text end

new text begin Lodging establishment. new text end

new text begin "Lodging establishment" has the meaning given
in section 157.15, subdivision 8.
new text end

Sec. 6.

Minnesota Statutes 2010, section 299C.67, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Operator. new text end

new text begin "Operator" means any person, including a corporation,
partnership, or other association or entity, engaged in the business of operating a hotel,
motel, lodging establishment, or resort.
new text end

Sec. 7.

Minnesota Statutes 2010, section 299C.67, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Resort. new text end

new text begin "Resort" has the meaning given in section 157.15, subdivision 11.
new text end

Sec. 8.

new text begin [299C.685] BACKGROUND CHECK ON HOTEL OR MOTEL,
RESORT, OR LODGING ESTABLISHMENT EMPLOYEES.
new text end

new text begin Subdivision 1. new text end

new text begin When required. new text end

new text begin Before hiring an employee, an operator shall
request the superintendent to conduct a background check under this section. An operator
may employ an individual after requesting a background check under this section before
receipt of the background check report, provided that the operator complies with section
299C.695. An operator may request a background check for a current employee under
this section. By July 1, 2013, an operator shall request the superintendent to conduct a
background check under this section for employees hired before July 1, 2012, who are
currently employed.
new text end

new text begin Subd. 2. new text end

new text begin Procedures. new text end

new text begin The superintendent shall develop procedures to enable an
operator to request a background check to determine whether an employee is the subject of
a reported conviction for a background check crime. The superintendent shall perform the
background check by retrieving and reviewing the data on background check crimes. The
superintendent shall notify the operator in writing of the results of the background check.
If an employee has resided in Minnesota for less than ten years or upon request of the
operator, the superintendent shall also either (1) conduct a search of the national criminal
records repository, including the criminal justice data communications network; or (2)
conduct a search of the criminal justice data communications network records in the state
or states where the employee has resided for the preceding ten years. The superintendent is
authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes
of the criminal history check. The superintendent shall recover the cost of a background
check through a fee charged to the operator.
new text end

new text begin Subd. 3. new text end

new text begin Form. new text end

new text begin (a) The superintendent shall develop a standardized form to be used
for requesting a background check, which must include:
new text end

new text begin (1) a notification to the employee that the operator will request the superintendent to
perform a background check under this section;
new text end

new text begin (2) a notification to the employee of the employee's rights under subdivision 4; and
new text end

new text begin (3) a signed consent by the employee to conduct the background check.
new text end

new text begin (b) If the employee has resided in Minnesota for less than ten years, or if the
operator is requesting a search of the national criminal records repository, the form must
be accompanied by the fingerprints of the employee on whom the background check
is to be performed.
new text end

new text begin Subd. 4. new text end

new text begin Employee's rights. new text end

new text begin (a) The operator shall notify the employee of the
employee's rights under paragraph (b).
new text end

new text begin (b) An employee who is the subject of a background check request has the following
rights:
new text end

new text begin (1) the right to be informed that the operator will request a background check on the
employee to determine whether the employee has been convicted of a crime specified in
section 299C.67, subdivision 2;
new text end

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

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

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

new text begin (5) the right to be informed by the operator if the employee's application to be
employed by the operator or to continue as an employee has been denied because of the
result of the background check.
new text end

new text begin Subd. 5. new text end

new text begin Response of bureau. new text end

new text begin The superintendent shall respond in writing to
a background check request within a reasonable time not to exceed ten working days
after receiving the signed form under subdivision 3. The superintendent's response from
the search of the Minnesota computerized criminal history system must clearly indicate
whether the employee has ever been convicted of a background check crime and, if so,
a description of the crime, date and jurisdiction of the conviction, and date of discharge
of sentence. If a search is being done of the national criminal records repository, the
superintendent shall determine eligibility based upon national records received. The
superintendent shall reply to the operator in writing indicating whether the employee is or
is not eligible for employment.
new text end

new text begin Subd. 6. new text end

new text begin Equivalent background check. new text end

new text begin (a) An operator may satisfy the
requirements of this section:
new text end

new text begin (1) by obtaining a copy of a completed background check that was required to be
performed by the Department of Human Services as provided for under section 144.057
and chapter 245C, and then placing the copy on file with the operator;
new text end

new text begin (2) in the case of a background check performed on an employee of a facility
when multiple facilities are administered by one operator, by placing the results in a
central location; or
new text end

new text begin (3) by obtaining a background check from a private business or a local law
enforcement agency rather than the superintendent if the scope of the background check
provided by the private business or local law enforcement agency is at least as broad as
that of a background check performed by the superintendent and the response to the
background check request occurs within a reasonable time not to exceed ten working
days after receiving the signed form described in subdivision 3. Local law enforcement
agencies may access the criminal justice data network to perform the background check.
new text end

new text begin (b) A private business or local law enforcement agency providing a background
check under this section must use a notification form similar to the form described in
subdivision 3, except that the notification form must indicate that the background check
will be performed by the private business or local law enforcement agency using records
of the superintendent and other data sources.
new text end

Sec. 9.

new text begin [299C.695] OPERATOR DUTIES IF HOTEL OR MOTEL, RESORT, OR
LODGING ESTABLISHMENT EMPLOYEE CONVICTED OF CRIME.
new text end

new text begin (a) If the superintendent's response indicates that the employee has been convicted
of a background check crime defined in section 299C.67, subdivision 2, paragraph (a), the
owner may not hire the employee or, if the employee was hired pending completion of
the background check, shall terminate the employment relationship. Except as provided
in paragraph (c), if an operator otherwise knows that an employee has been convicted of
a background check crime defined in section 299C.67, subdivision 2, paragraph (a), the
operator shall terminate the employment relationship.
new text end

new text begin (b) If the superintendent's response indicates that the employee has been convicted
of a background check crime defined in section 299C.67, subdivision 2, paragraph (b),
the operator may not hire the employee unless more than ten years have elapsed since the
date of discharge of the sentence. If the employee was hired pending completion of the
background check, the owner shall terminate the employment relationship unless more
than ten years have elapsed since the date of discharge of the sentence. Except as provided
in paragraph (c), if an operator otherwise knows that an employee has been convicted of
a background check crime defined in section 299C.67, subdivision 2, paragraph (b), the
operator shall terminate the employment relationship unless more than ten years have
elapsed since the date of discharge of the sentence.
new text end

new text begin (c) If an operator knows that an employee hired before July 1, 2012, was convicted
of a background check crime for an offense committed before July 1, 2012, the operator
may continue to employ the individual. However, the owner shall notify all guests whose
sleeping rooms would be accessible to the employee of the crime for which the employee
has been convicted.
new text end

new text begin (d) The operator shall notify the employee of any action taken under this section.
new text end

new text begin (e) If an operator is required to terminate an individual's employment under
paragraph (a) or (b), or terminates an individual's employment in lieu of notifying guests
under paragraph (c), the operator is not liable under any law, contract, or agreement,
including liability for unemployment insurance claims, for terminating the individual's
employment in accordance with this section.
new text end

Sec. 10.

Minnesota Statutes 2010, section 299C.70, is amended to read:

299C.70 PENALTY.

An owner who knowingly fails to comply with the requirements of section 299C.68
or 299C.69 new text begin , or an operator who knowingly fails to comply with the requirements of
section 299C.685 or 299C.695, new text end is guilty of a petty misdemeanor.

Sec. 11.

Minnesota Statutes 2010, section 299C.71, is amended to read:

299C.71 BUREAU IMMUNITY.

The Bureau of Criminal Apprehension is immune from any civil or criminal liability
that might otherwise arise under section 299C.68 new text begin or section 299C.685 new text end , based on the
accuracy or completeness of records it receives from the Federal Bureau of Investigation,
if the bureau acts in good faith.

Sec. 12. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2012.
new text end

ARTICLE 2

SHELTERS SERVING BATTERED WOMEN AND THE HOMELESS

Section 1.

Minnesota Statutes 2010, section 245C.03, is amended by adding a
subdivision to read:

new text begin Subd. 8. new text end

new text begin Shelters serving battered women and the homeless. new text end

new text begin (a) The
commissioner shall conduct background studies on any individual required under this
subdivision or section 611A.371 to have a background study completed under this chapter.
new text end

new text begin (b)(1) A publicly or privately operated facility designed to provide temporary living
accommodations for the homeless must not permit an individual to have access or direct
contact, as defined in section 245C.02, subdivision 11, with persons served by the facility
unless a background study has been completed on the individual under this chapter.
new text end

new text begin (2)(i) An individual employed by the facility required to conduct a check under this
paragraph must have the background check completed upon initial employment and at
least annually thereafter. By July 1, 2013, the facility shall conduct a background check
under this section for current employees initially hired prior to July 1, 2012.
new text end

new text begin (ii) An individual serving the facility as a volunteer must have a background
check completed prior to the volunteer performing any tasks that include direct contact
with persons served by the facility. A volunteer may be assigned tasks that include
direct contact if a background check on the volunteer meeting the requirements of this
subdivision has been completed under this chapter within the previous year.
new text end

Sec. 2.

Minnesota Statutes 2010, section 245C.04, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Shelters serving battered women and the homeless. new text end

new text begin Organizations
required to initiate studies under section 245C.03, subdivision 7, or section 611A.371
must initiate the study before the individual begins in a position allowing access or direct
contact with persons served by the organization.
new text end

Sec. 3.

Minnesota Statutes 2010, section 245C.10, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Shelters serving battered women and the homeless. new text end

new text begin The commissioner
shall recover the cost of background studies initiated under section 245C.03, subdivision
7, or 611A.371 through a fee of no more than $20 per study charged to the requesting
entity. The fees collected under this subdivision are appropriated to the commissioner for
the purpose of conducting background studies.
new text end

Sec. 4.

Minnesota Statutes 2010, section 611A.371, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Background study; employees and volunteers. new text end

new text begin (a) A designated shelter
facility must not permit an individual to have access or direct contact, as defined in
section 245C.02, subdivision 11, with persons served by the facility unless a background
study has been completed on the individual by the commissioner of human services, as
provided in chapter 245C.
new text end

new text begin (b) An individual employed by the designated shelter facility must have a
background check completed upon initial employment and at least annually thereafter. By
July 1, 2013, the facility shall conduct a background check under this section for current
employees initially hired prior to July 1, 2012.
new text end

new text begin (c) An individual serving the designated shelter facility as a volunteer must have
a background check completed prior to the volunteer performing any tasks that include
access or direct contact with persons served by the facility. A volunteer may be assigned
tasks that include direct contact if a background check on the volunteer meeting the
requirements of this subdivision has been completed by the commissioner of human
services within the previous year.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2012.
new text end