1.1A bill for an act1.2relating to education; requiring all K-12 athletic coaches to undergo criminal 1.3history background checks;amending Minnesota Statutes 2006, section 123B.03, 1.4subdivision 1.1.5BE 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 1.8defined in subdivision 3, shall request a criminal history background check from the 1.9superintendent of the Bureau of Criminal Apprehension on all individuals who are 1.10offered employment in the school, as defined in subdivision 3. In order to be eligible for 1.11employment, an individual who is offered employment must provide an executed criminal 1.12history consent form and a money order or check payable to either the Bureau of Criminal 1.13Apprehension or the school hiring authority, at the election of the school hiring authority, 1.14in an amount equal to the actual cost to the Bureau of Criminal Apprehension and the 1.15school district of conducting the criminal history background check. A school hiring 1.16authority electing to receive payment may, at its discretion, accept payment in the form of 1.17a negotiable instrument other than a money order or check and shall pay the superintendent 1.18of the Bureau of Criminal Apprehension directly to conduct the background check. The 1.19superintendent of the Bureau of Criminal Apprehension shall conduct the background 1.20check by retrieving criminal history data maintained in the criminal justice information 1.21system computers. A school hiring authority, at its discretion, may elect not to request a 1.22criminal history background check on an individual who holds an initial entrance license 1.23issued by the State Board of Teaching or the commissioner of education within the 12 1.24months preceding an offer of employment.2.1(b) A school hiring authority may use the results of a criminal background check 2.2conducted 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 2.4hiring authority or otherwise accessible;2.5(2) the other school hiring authority conducted a criminal background check within 2.6the previous 12 months;2.7(3) the individual who is the subject of the criminal background check executes a 2.8written consent form giving a school hiring authority access to the results of the check; and2.9(4) there is no reason to believe that the individual has committed an act subsequent 2.10to the check that would disqualify the individual for employment.2.11(c) A school hiring authority may, at its discretion, request a criminal history 2.12background check from the superintendent of the Bureau of Criminal Apprehension on 2.13any individual who seeks to enter a school or its grounds for the purpose of serving as a 2.14school volunteer or working as an independent contractor or student employee. In order 2.15for an individual to enter a school or its grounds under this paragraph when the school 2.16hiring authority elects to request a criminal history background check on the individual, 2.17the individual first must provide an executed criminal history consent form and a money 2.18order, check, or other negotiable instrument payable to the school district in an amount 2.19equal to the actual cost to the Bureau of Criminal Apprehension and the school district 2.20of conducting the criminal history background check. Notwithstanding section 
         299C.62, 2.21subdivision 1
         , the cost of the criminal history background check under this paragraph is 2.22the responsibility of the individual. 2.23(d) For all nonstate residents who are offered employment in a school, a school 2.24hiring authority shall request a criminal history background check on such individuals 2.25from the superintendent of the Bureau of Criminal Apprehension and from the government 2.26agency performing the same function in the resident state or, if no government entity 2.27performs the same function in the resident state, from the Federal Bureau of Investigation. 2.28Such individuals must provide an executed criminal history consent form and a money 2.29order, check, or other negotiable instrument payable to the school hiring authority in an 2.30amount equal to the actual cost to the government agencies and the school district of 2.31conducting the criminal history background check. Notwithstanding section 
         299C.62, 2.32subdivision 1
         , the cost of the criminal history background check under this paragraph is 2.33the responsibility of the individual. 2.34(e) Consistent with the terms in paragraph (a), a school hiring authority, as defined in 2.35subdivision 3, shall request a criminal history background check from the superintendent 2.36of the Bureau of Criminal Apprehension on an individual who elects to provide athletic 3.1coaching services or other extracurricular or cocurricular services to a district, regardless 3.2of the terms of the service.3.3EFFECTIVE DATE.This section is effective the day following final enactment.