HF 3945

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/19/2024 02:11pm

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.
new text end

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.
new text end

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.
new text end

new text begin (c) "Applicant for licensure" means an individual who seeks a license issued by a county
or city to:
new text end

new text begin (1) operate a cabaret; or
new text end

new text begin (2) operate a business providing massage services.
new text end

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.
new text end

new text begin (b) The investigation conducted pursuant to paragraph (a) must consist of a criminal
history check of the state criminal records repository and a national criminal history check.
The county or city must accept the applicant's signed criminal history records check consent
form for the state and national criminal history check request, a full set of classifiable
fingerprints, and required fees. The county or city must submit the applicant's completed
criminal history records check consent form, full set of classifiable fingerprints, and required
fees to the Bureau of Criminal Apprehension. After receiving this information, the bureau
must conduct a Minnesota criminal history records check of the applicant. The bureau may
exchange an applicant's fingerprints with the Federal Bureau of Investigation to obtain the
applicant's national criminal history record information. The bureau must return the results
of the Minnesota and federal criminal history records checks to the county or city. Using
the criminal history data provided by the bureau, the county or city must 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.
new text end