1.1 	A bill for an act
1.2 	relating to crime; prohibiting use of nonconviction criminal records for private 
1.3 	employment purposes; providing immunity from negligent hiring in certain cases 
1.4 	involving criminal records; removing a sunset on the law governing Internet 
1.5 	access to Bureau of Criminal Apprehension data;amending Minnesota Statutes 
1.6 	2006, sections 13.87, subdivision 3; 364.09; proposing coding for new law in 
1.7 	Minnesota Statutes, chapter 364.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2006, section 13.87, subdivision 3, is amended to read:
1.10 		Subd. 3.Internet access. (a) The Bureau of Criminal Apprehension shall establish 
1.11 	and maintain an Internet Web site containing public criminal history data by July 1, 2004.
1.12 	(b) Notwithstanding section 13.03, subdivision 3, paragraph (a), the bureau may 
1.13 	charge a fee for Internet access to public criminal history data provided through August 1, 
1.14 	2005. The fee may not exceed $5 per inquiry or the amount needed to recoup the actual 
1.15 	cost of implementing and providing Internet access, whichever is less. Fees collected must 
1.16 	be deposited in the general fund as a nondedicated receipt. 
1.17 	(c) The Web site must include a notice to the subject of data of the right to contest 
1.18 	the accuracy or completeness of data, as provided under section 13.04, subdivision 4, 
1.19 	and provide a telephone number and address that the subject may contact for further 
1.20 	information on this process. 
1.21 	(d) The Web site must include the effective date of data that is posted.
1.22 	(e) The Web site must include a description of the types of criminal history data not 
1.23 	available on the site, including arrest data, juvenile data, criminal history data from other 
1.24 	states, federal data, data on convictions where 15 years have elapsed since discharge of the 
1.25 	sentence, and other data that are not accessible to the public.
2.1 	(f) A person who intends to access the Web site to obtain information regarding an 
2.2 	applicant for employment, housing, or credit must disclose to the applicant the intention to 
2.3 	do so. The Web site must include a notice that a person obtaining such access must notify 
2.4 	the applicant when a background check using this Web site has been conducted.
2.5 	(g) This subdivision does not create a civil cause of action on behalf of the data 
2.6 	subject.
2.7 	(h) This subdivision expires July 31, 2007.

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

2.9 	Sec. 2. Minnesota Statutes 2006, section 364.09, is amended to read:
2.10 	364.09 EXCEPTIONS.
2.11 	(a) This chapter doesSections 364.01 to 364.10 do not apply to the licensing 
2.12 	process for peace officers; to law enforcement agencies as defined in section 626.84, 
2.13 	subdivision 1, paragraph (f); to fire protection agencies; to eligibility for a private 
2.14 	detective or protective agent license; to the licensing and background study process under 
2.15 	chapters 245A and 245C; to eligibility for school bus driver endorsements; to eligibility 
2.16 	for special transportation service endorsements; to eligibility for a commercial driver 
2.17 	training instructor license, which is governed by section 171.35 and rules adopted under 
2.18 	that section; to emergency medical services personnel, or to the licensing by political 
2.19 	subdivisions of taxicab drivers, if the applicant for the license has been discharged from 
2.20 	sentence for a conviction within the ten years immediately preceding application of a 
2.21 	violation of any of the following: 
2.22 	(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23, 
2.23 	subdivision 2 or 3; 
2.24 	(2) any provision of chapter 152 that is punishable by a maximum sentence of 
2.25 	15 years or more; or
2.26 	(3) a violation of chapter 169 or 169A involving driving under the influence, leaving 
2.27 	the scene of an accident, or reckless or careless driving.
2.28 	This chapter also shallSections 364.01 to 364.10 do not apply to eligibility for juvenile 
2.29 	corrections employment, where the offense involved child physical or sexual abuse or 
2.30 	criminal sexual conduct.
2.31 	(b) This chapter doesSections 364.01 to 364.10 do not apply to a school district or 
2.32 	to eligibility for a license issued or renewed by the Board of Teaching or the commissioner 
2.33 	of education.
3.1 	(c) Nothing in this section precludes the Minnesota Police and Peace Officers 
3.2 	Training Board or the state fire marshal from recommending policies set forth in this 
3.3 	chaptersections 364.01 to 364.10 to the attorney general for adoption in the attorney 
3.4 	general's discretion to apply to law enforcement or fire protection agencies.
3.5 	(d) This chapter doesSections 364.01 to 364.10 do not apply to a license to practice 
3.6 	medicine that has been denied or revoked by the Board of Medical Practice pursuant to 
3.7 	section 147.091, subdivision 1a. 

3.8 	Sec. 3. [364.20] USE OF NONCONVICTION RECORDS BY PRIVATE 
3.9 	EMPLOYERS; IMMUNITY FROM CIVIL LIABILITY.
3.10 		Subdivision 1.Definitions. For purposes of this section:
3.11 	(1) "conviction" has the meaning given in section 609.02, subdivision 5;
3.12 	(2) "nonconviction criminal record" means a record of an arrest, citation, complaint, 
3.13 	prosecution, or other record relating to a criminal proceeding that is not pending and 
3.14 	did not result in a conviction; and
3.15 	(3) "private employer" means a person hiring or employing individuals in this state, 
3.16 	but does not include the state or a political subdivision of the state governed by sections 
3.17 	364.01 to 364.10.
3.18 		Subd. 2.Use of nonconviction records for private employment. Unless a 
3.19 	criminal background investigation is specifically required or permitted by law, a private 
3.20 	employer must not:
3.21 	(1) request information regarding a nonconviction criminal record from an employee 
3.22 	or prospective employee or obtain access to a nonconviction criminal record from another 
3.23 	source; or
3.24 	(2) take adverse action against an employee or prospective employee based on a 
3.25 	nonconviction criminal record.
3.26 		Subd. 3.Immunity from civil liability. (a) A private employer is immune from 
3.27 	civil liability for the negligent hiring of an individual with a criminal record of a conviction 
3.28 	to the extent the criminal record as of the date the individual was hired is the basis for the 
3.29 	liability, if the employer followed the provisions applicable to public employers in section 
3.30 	364.03 and reasonably determined that:
3.31 	(1) the conviction did not directly relate to the position of employment being sought; 
3.32 	or
3.33 	(2) the individual showed evidence of sufficient rehabilitation and present fitness to 
3.34 	perform the duties of the employment being sought.
4.1 	(b) This subdivision does not create any duty on the part of an employer to follow 
4.2 	the provisions of paragraph (a).
4.3 		Subd. 4.Remedy. A private employer who violates subdivision 2 is liable to the 
4.4 	individual who is the subject of the criminal record for $1,000 or actual damages caused 
4.5 	by the violation, whichever is greater, plus costs and disbursements and reasonable 
4.6 	attorney fees.