1.1 	A bill for an act
1.2 	relating to consumer reports; requiring notice and copy of background check; 
1.3 	defining terms;amending Minnesota Statutes 2008, section 13C.001, by adding 
1.4 	subdivisions; proposing coding for new law in Minnesota Statutes, chapter 13C.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2008, section 13C.001, is amended by adding a 
1.7 	subdivision to read:
1.8 		Subd. 1a.Background check. "Background check" means a review of data and 
1.9 	information maintained by government entities to determine whether a data subject 
1.10 	qualifies to obtain housing or perform a job. A background check is not a consumer report.

1.11 	Sec. 2. Minnesota Statutes 2008, section 13C.001, is amended by adding a subdivision 
1.12 	to read:
1.13 		Subd. 1b.Business screening service. "Business screening service" means a person 
1.14 	regularly engaged in the business of collecting, assembling, evaluating, or disseminating 
1.15 	criminal record information on individuals for a fee. Business screening service does not 
1.16 	include a government entity, as defined in section 13.02, or the news media. A business 
1.17 	screening service is not a consumer reporting agency.

1.18 	Sec. 3. Minnesota Statutes 2008, section 13C.001, is amended by adding a subdivision 
1.19 	to read:
1.20 		Subd. 3a.Data subject. "Data subject" means the individual human being about 
1.21 	whom a background check is conducted.

2.1 	Sec. 4. Minnesota Statutes 2008, section 13C.001, is amended by adding a subdivision 
2.2 	to read:
2.3 		Subd. 5a.Inquirer. "Inquirer" means the person requesting a background check.

2.4 	Sec. 5. Minnesota Statutes 2008, section 13C.001, is amended by adding a subdivision 
2.5 	to read:
2.6 		Subd. 7.Results. "Results" means the data reviewed to perform the background 
2.7 	check.

2.8 	Sec. 6. [13C.05] BACKGROUND CHECKS; NOTICE AND COPY TO DATA 
2.9 	SUBJECT.
2.10 	(a) Prior to initiating a background check, an inquirer must give the data subject 
2.11 	written notice that a background check will be performed and, if a business screening 
2.12 	service is utilized, the name and address of that business screening service. The notice 
2.13 	must also describe the process for obtaining a written copy of the results from the inquirer. 
2.14 	The inquirer must provide a written copy of the results to the data subject upon request. 
2.15 	The inquirer may not charge a fee for the copy.
2.16 	(b) This section does not apply to public employers regulated under chapter 364.