1.1 	A bill for an act
1.2 	relating to civil liability; limiting admission of criminal history evidence in 
1.3 	actions against private employers; modifying licensure disqualifications for 
1.4 	pari-mutuel horse racing; amending Minnesota Statutes 2008, section 240.08, 
1.5 	by adding a subdivision; proposing coding for new law in Minnesota Statutes, 
1.6 	chapter 181.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. [181.986] EMPLOYMENT OF INDIVIDUAL WITH CRIMINAL 
1.9 	HISTORY; LIMITATION ON ADMISSIBILITY OF EVIDENCE.
1.10 		Subdivision 1.Limitation on admissibility of criminal history. Information 
1.11 	regarding a criminal history record of an employee or former employee may not be 
1.12 	introduced as evidence in a civil action against a private employer or its employees or 
1.13 	agents that is based on the conduct of the employee or former employee, if:
1.14 	(1) the duties of the position of employment did not expose members of the public to 
1.15 	a greater degree of risk than that created by the employee or former employee interacting 
1.16 	with the public outside of the duties of the position or that might be created by being 
1.17 	employed in general;
1.18 	(2) before the occurrence of the act giving rise to the civil action, a court order sealed 
1.19 	any record of the criminal case or the employee or former employee received a pardon; or
1.20 	(3) the record is of an arrest or charge that did not result in a criminal conviction.
1.21 		Subd. 2.Relation to other law. This section does not supersede a statutory 
1.22 	requirement to conduct a criminal history background investigation or consider criminal 
1.23 	history records in hiring for particular types of employment.

1.24 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to 
1.25 	actions commenced on or after that date.

2.1 	Sec. 2. Minnesota Statutes 2008, section 240.08, is amended by adding a subdivision 
2.2 	to read:
2.3 		Subd. 2a.Certain occupational licenses. The commission may issue a license to 
2.4 	an applicant otherwise disqualified under subdivision 2, clause (b), for an occupation that 
2.5 	does not involve gaming operations, security, surveillance, or the handling of pari-mutuel 
2.6 	or card club revenues if the applicant has not been convicted of a felony or a crime 
2.7 	involving fraud or misrepresentation within ten years of the application, has never been 
2.8 	convicted of a gambling-related offense, does not have a felony charge pending, has been 
2.9 	discharged from any supervision related to the disqualifying offense for a period of at least 
2.10 	five years, and is not required to register under section 243.166.

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