SF 19

Introduction - 82nd Legislature, 2001 1st Special Session

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act
  1.2             relating to employment; requiring disclosure of data 
  1.3             between school districts relating to acts of violence 
  1.4             or inappropriate sexual contact with students; 
  1.5             providing protection for disclosure of job reference 
  1.6             information; requiring disclosure of certain employee 
  1.7             rights; requiring certain apartment manager background 
  1.8             checks to be performed on individuals who have resided 
  1.9             in Minnesota less than ten years; amending Minnesota 
  1.10            Statutes 2000, sections 13.43, by adding a 
  1.11            subdivision; 299C.68, subdivisions 2, 3; proposing 
  1.12            coding for new law in Minnesota Statutes, chapter 181. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2000, section 13.43, is 
  1.15  amended by adding a subdivision to read: 
  1.16     Subd. 15.  [SCHOOL DISTRICT DISCLOSURE OF VIOLENCE OR 
  1.17  INAPPROPRIATE SEXUAL CONTACT.] The responsible authority of a 
  1.18  school district must notify another school district that is 
  1.19  requesting information relating to acts of violence or 
  1.20  inappropriate sexual contact by an employee with a student if 
  1.21  the school district concludes, after an investigation conducted 
  1.22  by or on behalf of the school district or by a law enforcement 
  1.23  agency, that the acts occurred and resulted in the resignation 
  1.24  of the employee.  The disclosure may be made without the consent 
  1.25  of the employee. 
  1.26     Sec. 2.  [181.967] [EMPLOYMENT REFERENCES.] 
  1.27     Subdivision 1.  [CAUSES OF ACTION LIMITED.] (a) No action 
  1.28  may be maintained by a current or former employee against an 
  1.29  employer, designated employee, or agent who discloses 
  2.1   information about a current or former employee to a prospective 
  2.2   employer or employment agency as provided under this section, 
  2.3   unless the employee or former employee demonstrates by clear and 
  2.4   convincing evidence that: 
  2.5      (1) the information was false and defamatory; 
  2.6      (2) the employer knew or should have known the information 
  2.7   was false; and 
  2.8      (3) the employer acted with the purpose of injuring the 
  2.9   current or former employee and: 
  2.10     (i) made the disclosure with ill will and improper 
  2.11  purposes; or 
  2.12     (ii) made the disclosure without cause and without regard 
  2.13  for the consequences.  
  2.14     (b) In order for this subdivision to apply, the disclosure 
  2.15  must be in writing.  
  2.16     Subd. 2.  [EMPLOYMENT REFERENCE INFORMATION DISCLOSURE BY 
  2.17  PRIVATE EMPLOYERS.] (a) Subdivision 1 applies to the disclosure 
  2.18  of the following information by a private employer in response 
  2.19  to an oral or written request for the information: 
  2.20     (1) dates of employment; 
  2.21     (2) compensation and wage history; 
  2.22     (3) job description and duties; 
  2.23     (4) training and education provided by the employer; and 
  2.24     (5) all acts of violence, theft, harassment, or illegal 
  2.25  conduct documented in the personnel record that resulted in 
  2.26  resignation and the employee's written response, if any, 
  2.27  contained in the employee's personnel record. 
  2.28     (b) Upon a written request, subdivision 1 also applies to 
  2.29  the disclosure of the following information by a private 
  2.30  employer: 
  2.31     (1) written employee evaluations conducted before the 
  2.32  employee's separation from the employer, and the employee's 
  2.33  written response, if any, contained in the employee's personnel 
  2.34  record; 
  2.35     (2) written disciplinary warnings and actions in the five 
  2.36  years before the date of the authorization, and the employee's 
  3.1   written response, if any, contained in the employee's personnel 
  3.2   record; and 
  3.3      (3) reasons for separation from employment. 
  3.4      The employer must contemporaneously provide the employee or 
  3.5   former employee with a copy of information disclosed under this 
  3.6   paragraph and to whom it was disclosed by certified mail to the 
  3.7   employee's last known address. 
  3.8      Subd. 3.  [DISCLOSURE OF PERSONNEL DATA BY PUBLIC 
  3.9   EMPLOYER.] Disclosure of personnel data by public employers is 
  3.10  governed by chapter 13.  
  3.11     Subd. 4.  [SCHOOL DISTRICT DISCLOSURE OF VIOLENCE OR 
  3.12  INAPPROPRIATE SEXUAL CONTACT.] Subdivision 1 applies to a 
  3.13  disclosure by the responsible authority of a school district to 
  3.14  another school district of public personnel data under section 
  3.15  13.43, subdivision 2, relating to acts of violence or 
  3.16  inappropriate sexual contact with students that resulted in 
  3.17  disciplinary action and to a disclosure of private personnel 
  3.18  data under section 13.43, subdivision 14.  
  3.19     Subd. 5.  [APPLICATION; RELATION TO OTHER LAW.] This 
  3.20  section does not diminish or impair the rights of a person under 
  3.21  a collective bargaining agreement.  This section does not apply 
  3.22  to an action involving an alleged violation of chapter 363 or 
  3.23  other statute.  
  3.24     Subd. 6.  [JURY TRIAL.] This section does not preclude the 
  3.25  common law right to a jury trial. 
  3.26     Subd. 7.  [DISCLOSURE LIMITATIONS.] A prospective employer 
  3.27  may not disclose written information received under this 
  3.28  section, unless otherwise required by law or court order, 
  3.29  without the written authorization of the employee. 
  3.30     Subd. 8.  [DEFINITIONS.] For purposes of this section: 
  3.31     (1) "employee" means a person who performs services for 
  3.32  hire and includes an officer of a corporation; 
  3.33     (2) "employer" means a person who has one or more employees 
  3.34  and includes a designated employee or agent who discloses 
  3.35  information on behalf of an employer; 
  3.36     (3) "personnel record" has the meaning given in section 
  4.1   181.960; 
  4.2      (4) "private employer" means an employer that is not a 
  4.3   government entity, as defined in section 13.02; and 
  4.4      (5) "public employer" means an employer that is a 
  4.5   government entity, as defined in section 13.02. 
  4.6      Sec. 3.  [181.968] [RIGHT OF COLLECTIVE BARGAINING.] 
  4.7      Nothing in sections 181.960 to 181.967 limits the right of 
  4.8   employees to bargain collectively with their employers through 
  4.9   representatives of their own choosing to establish conditions of 
  4.10  review of personnel records or employment references more 
  4.11  favorable to the employees than those required by sections 
  4.12  181.960 to 181.967. 
  4.13     Sec. 4.  [181.969] [DISCLOSURE OF EMPLOYEE RIGHT TO REVIEW 
  4.14  PERSONNEL RECORD.] 
  4.15     When making a final payment of wages to an employee upon 
  4.16  termination of employment, the employer shall include with the 
  4.17  payment a notice to the employee of the employee's right to 
  4.18  review the personnel record under section 181.961 and to 
  4.19  dispute, remove, or revise disputed information under this 
  4.20  section.  
  4.21     Sec. 5.  Minnesota Statutes 2000, section 299C.68, 
  4.22  subdivision 2, is amended to read: 
  4.23     Subd. 2.  [PROCEDURES.] The superintendent shall develop 
  4.24  procedures to enable an owner to request a background check to 
  4.25  determine whether a manager is the subject of a reported 
  4.26  conviction for a background check crime.  The superintendent 
  4.27  shall perform the background check by retrieving and reviewing 
  4.28  data on background check crimes maintained in the CJIS 
  4.29  computers.  The superintendent shall notify the owner in writing 
  4.30  of the results of the background check.  If the manager has 
  4.31  resided in Minnesota for less than five ten years or upon 
  4.32  request of the owner, the superintendent shall also either:  (1) 
  4.33  conduct a search of the national criminal records repository, 
  4.34  including the criminal justice data communications network; or 
  4.35  (2) conduct a search of the criminal justice data communications 
  4.36  network records in the state or states where the manager has 
  5.1   resided for the preceding five ten years.  The superintendent is 
  5.2   authorized to exchange fingerprints with the Federal Bureau of 
  5.3   Investigation for purposes of the criminal history check.  The 
  5.4   superintendent shall recover the cost of a background check 
  5.5   through a fee charged to the owner. 
  5.6      Sec. 6.  Minnesota Statutes 2000, section 299C.68, 
  5.7   subdivision 3, is amended to read: 
  5.8      Subd. 3.  [FORM.] (a) The superintendent shall develop a 
  5.9   standardized form to be used for requesting a background check, 
  5.10  which must include: 
  5.11     (1) a notification to the manager that the owner will 
  5.12  request the superintendent to perform a background check under 
  5.13  this section; 
  5.14     (2) a notification to the manager of the manager's rights 
  5.15  under subdivision 4; and 
  5.16     (3) a signed consent by the manager to conduct the 
  5.17  background check. 
  5.18     (b) If the manager has resided in Minnesota for less than 
  5.19  five ten years, or if the owner is requesting a search of the 
  5.20  national criminal records repository, the form must be 
  5.21  accompanied by the fingerprints of the manager on whom the 
  5.22  background check is to be performed. 
  5.23     Sec. 7.  [EFFECTIVE DATE.] 
  5.24     Section 2 is effective August 1, 2001, and applies to 
  5.25  causes of action arising on or after that date.