1.1 	A bill for an act
1.2 	relating to education; requiring all K-12 athletic coaches to undergo criminal 
1.3 	history background checks;amending Minnesota Statutes 2006, section 123B.03, 
1.4 	subdivision 1.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2006, section 123B.03, subdivision 1, is amended to read:
1.7 		Subdivision 1.Background check required. (a) A school hiring authority, as 
1.8 	defined in subdivision 3, shall request a criminal history background check from the 
1.9 	superintendent of the Bureau of Criminal Apprehension on all individuals who are 
1.10 	offered employment in the school, as defined in subdivision 3. In order to be eligible for 
1.11 	employment, an individual who is offered employment must provide an executed criminal 
1.12 	history consent form and a money order or check payable to either the Bureau of Criminal 
1.13 	Apprehension or the school hiring authority, at the election of the school hiring authority, 
1.14 	in an amount equal to the actual cost to the Bureau of Criminal Apprehension and the 
1.15 	school district of conducting the criminal history background check. A school hiring 
1.16 	authority electing to receive payment may, at its discretion, accept payment in the form of 
1.17 	a negotiable instrument other than a money order or check and shall pay the superintendent 
1.18 	of the Bureau of Criminal Apprehension directly to conduct the background check. The 
1.19 	superintendent of the Bureau of Criminal Apprehension shall conduct the background 
1.20 	check by retrieving criminal history data maintained in the criminal justice information 
1.21 	system computers. A school hiring authority, at its discretion, may elect not to request a 
1.22 	criminal history background check on an individual who holds an initial entrance license 
1.23 	issued by the State Board of Teaching or the commissioner of education within the 12 
1.24 	months preceding an offer of employment.
2.1 	(b) A school hiring authority may use the results of a criminal background check 
2.2 	conducted at the request of another school hiring authority if:
2.3 	(1) the results of the criminal background check are on file with the other school 
2.4 	hiring authority or otherwise accessible;
2.5 	(2) the other school hiring authority conducted a criminal background check within 
2.6 	the previous 12 months;
2.7 	(3) the individual who is the subject of the criminal background check executes a 
2.8 	written consent form giving a school hiring authority access to the results of the check; and
2.9 	(4) there is no reason to believe that the individual has committed an act subsequent 
2.10 	to the check that would disqualify the individual for employment.
2.11 	(c) A school hiring authority may, at its discretion, request a criminal history 
2.12 	background check from the superintendent of the Bureau of Criminal Apprehension on 
2.13 	any individual who seeks to enter a school or its grounds for the purpose of serving as a 
2.14 	school volunteer or working as an independent contractor or student employee. In order 
2.15 	for an individual to enter a school or its grounds under this paragraph when the school 
2.16 	hiring authority elects to request a criminal history background check on the individual, 
2.17 	the individual first must provide an executed criminal history consent form and a money 
2.18 	order, check, or other negotiable instrument payable to the school district in an amount 
2.19 	equal to the actual cost to the Bureau of Criminal Apprehension and the school district 
2.20 	of conducting the criminal history background check. Notwithstanding section 299C.62, 
2.21 	subdivision 1, the cost of the criminal history background check under this paragraph is 
2.22 	the responsibility of the individual. 
2.23 	(d) For all nonstate residents who are offered employment in a school, a school 
2.24 	hiring authority shall request a criminal history background check on such individuals 
2.25 	from the superintendent of the Bureau of Criminal Apprehension and from the government 
2.26 	agency performing the same function in the resident state or, if no government entity 
2.27 	performs the same function in the resident state, from the Federal Bureau of Investigation. 
2.28 	Such individuals must provide an executed criminal history consent form and a money 
2.29 	order, check, or other negotiable instrument payable to the school hiring authority in an 
2.30 	amount equal to the actual cost to the government agencies and the school district of 
2.31 	conducting the criminal history background check. Notwithstanding section 299C.62, 
2.32 	subdivision 1, the cost of the criminal history background check under this paragraph is 
2.33 	the responsibility of the individual. 
2.34 	(e) Consistent with the terms in paragraph (a), a school hiring authority, as defined in 
2.35 	subdivision 3, shall request a criminal history background check from the superintendent 
2.36 	of the Bureau of Criminal Apprehension on an individual who elects to provide athletic 
3.1 	coaching services or other extracurricular or cocurricular services to a district, regardless 
3.2 	of the terms of the service, and the school hiring authority must have access to the results 
3.3 	of the check before the individual begins providing the services.

3.4 	EFFECTIVE DATE. This section is effective the day following final enactment.