HF 72

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; requiring owners of 
  1.3             residential rental buildings to request criminal 
  1.4             background checks of individuals employed as managers; 
  1.5             imposing certain duties relating to doing criminal 
  1.6             background checks on the superintendent of the bureau 
  1.7             of criminal apprehension; authorizing entry of 
  1.8             residential dwellings only upon reasonable business 
  1.9             purpose and notice; prescribing penalties; proposing 
  1.10            coding for new law in Minnesota Statutes, chapters 
  1.11            299C and 504. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  [299C.66] [CITATION.] 
  1.14     Sections 299C.66 to 299C.69 may be cited as the "Kari 
  1.15  Koskinen manager background check act." 
  1.16     Sec. 2.  [299C.67] [DEFINITIONS.] 
  1.17     Subdivision 1.  [TERMS.] The definitions in this section 
  1.18  apply to sections 299C.66 to 299C.69. 
  1.19     Subd. 2.  [BACKGROUND CHECK CRIME.] "Background check crime"
  1.20  means a felony or nontraffic gross misdemeanor on which data is 
  1.21  available to the superintendent. 
  1.22     Subd. 3.  [CJIS.] "CJIS" means the Minnesota criminal 
  1.23  justice information system. 
  1.24     Subd. 4.  [MANAGER.] "Manager" means an individual: 
  1.25     (1) who is employed by or applies for employment with an 
  1.26  owner to perform day-to-day management, caretaking, or 
  1.27  maintenance tasks in a residential rental building or on 
  1.28  residential rental premises; and 
  2.1      (2) who has a master key for residential rental premises or 
  2.2   otherwise would be able to enter tenants' dwelling units without 
  2.3   the consent of a tenant or the assistance of the owner or an 
  2.4   authorized representative of the owner. 
  2.5      Subd. 5.  [OWNER.] "Owner" has the meaning given in section 
  2.6   566.18, subdivision 3. 
  2.7      Subd. 6.  [SUPERINTENDENT.] "Superintendent" means the 
  2.8   superintendent of the bureau of criminal apprehension. 
  2.9      Subd. 7.  [TENANT.] "Tenant" has the meaning given in 
  2.10  section 566.18, subdivision 2. 
  2.11     Sec. 3.  [299C.68] [BACKGROUND CHECKS.] 
  2.12     Subdivision 1.  [BACKGROUND CHECK; WHEN REQUIRED.] Before 
  2.13  hiring a manager, an owner who hires or seeks to hire a manager 
  2.14  shall, either personally or through an authorized 
  2.15  representative, request the superintendent to conduct a 
  2.16  background check under this section.  An owner may employ a 
  2.17  manager after requesting a background check under this section 
  2.18  before receipt of the background check report. 
  2.19     Subd. 2.  [PROCEDURES.] The superintendent shall develop 
  2.20  procedures to enable an owner or an owner's authorized 
  2.21  representative to request a background check to determine 
  2.22  whether a manager is the subject of any reported conviction for 
  2.23  a background check crime.  The superintendent shall perform the 
  2.24  background check by retrieving and reviewing data on background 
  2.25  check crimes maintained in the CJIS computers.  If the manager 
  2.26  has resided in Minnesota for less than five years, the 
  2.27  superintendent shall also conduct a search of the national 
  2.28  criminal records repository including the criminal justice data 
  2.29  communications network.  The superintendent is authorized to 
  2.30  exchange fingerprints with the Federal Bureau of Investigation 
  2.31  for purposes of a criminal history check.  The superintendent 
  2.32  shall recover the cost of a background check through a fee 
  2.33  charged to the owner. 
  2.34     Subd. 3.  [BACKGROUND CHECKS; REQUIREMENTS.] The 
  2.35  superintendent may not perform a background check under this 
  2.36  section unless the owner or the owner's authorized 
  3.1   representative submits a written document, signed by the manager 
  3.2   on whom the background check is to be performed.  If the manager 
  3.3   has resided in Minnesota for less than five years, the written 
  3.4   document submitted under this section must be accompanied by the 
  3.5   fingerprints of the manager on whom the background check is to 
  3.6   be performed unless the owner has previously submitted the 
  3.7   manager's fingerprints under this section.  The superintendent 
  3.8   shall develop a standardized form to be used for this purpose 
  3.9   which includes the following: 
  3.10     (1) a question asking whether the manager has ever been 
  3.11  convicted of a background check crime and if so, requiring a 
  3.12  description of the crime and the particulars of the conviction; 
  3.13     (2) a notification to the manager that the owner will 
  3.14  request the superintendent to perform a background check under 
  3.15  this section; and 
  3.16     (3) a notification to the manager of the manager's rights 
  3.17  under subdivision 4. 
  3.18     Background checks performed under this section may only be 
  3.19  requested by and provided to the owner or authorized 
  3.20  representatives of an owner who have a need to know the 
  3.21  information and may be used only for the purposes of sections 
  3.22  299C.66 to 299C.69.  
  3.23     Subd. 4.  [MANAGER'S RIGHTS.] (a) The owner shall notify 
  3.24  the manager of the manager's rights under paragraph (b). 
  3.25     (b) A manager who is the subject of a background check 
  3.26  request has the following rights: 
  3.27     (1) the right to be informed that an owner will request a 
  3.28  background check on the manager: 
  3.29     (i) for purposes of the manager's application to be 
  3.30  employed by an owner or for purposes of continuing as an 
  3.31  employee; and 
  3.32     (ii) to determine whether the manager has been convicted of 
  3.33  a felony or nontraffic gross misdemeanor on which data is 
  3.34  available to the superintendent; 
  3.35     (2) the right to be informed by the owner of the 
  3.36  superintendent's response to the background check and to obtain 
  4.1   from the owner a copy of the background check report; 
  4.2      (3) the right to obtain from the superintendent any record 
  4.3   that forms the basis for the report; 
  4.4      (4) the right to challenge the accuracy and completeness of 
  4.5   any information contained in the report or record pursuant to 
  4.6   section 13.04, subdivision 4; and 
  4.7      (5) the right to be informed by the owner if the manager's 
  4.8   application to be employed by the owner or to continue as an 
  4.9   employee has been denied because of the superintendent's 
  4.10  response. 
  4.11     Subd. 5.  [RESPONSE OF BUREAU.] The superintendent shall 
  4.12  respond to a background check request within a reasonable time 
  4.13  not to exceed ten working days after receiving the signed, 
  4.14  written document described in subdivision 3.  The superintendent 
  4.15  shall provide the owner with a copy of the manager's criminal 
  4.16  record or a statement that the manager is not the subject of a 
  4.17  criminal history record at the bureau. 
  4.18     Subd. 6.  [EQUIVALENT BACKGROUND CHECK.] (a) An owner may 
  4.19  satisfy the requirements of this section by obtaining a 
  4.20  background check from a private business or a local law 
  4.21  enforcement agency rather than the superintendent if the scope 
  4.22  of the background check provided by the private business or 
  4.23  local law enforcement agency is at least as broad as that of a 
  4.24  background check performed by the superintendent.  Local law 
  4.25  enforcement agencies may access the criminal justice data 
  4.26  network to perform the background check. 
  4.27     (b) A private business or local law enforcement agency 
  4.28  providing a background check under this section must comply with 
  4.29  subdivision 3, except that the notification form must indicate 
  4.30  that the background check will be performed by the private 
  4.31  business or local law enforcement agency using records of the 
  4.32  superintendent and other data sources. 
  4.33     (c) In addition to the notification provided to the manager 
  4.34  under paragraph (b), the owner also must notify the manager that 
  4.35  the manager has the following rights: 
  4.36     (1) the right to be informed that the owner will request a 
  5.1   background check on the manager: 
  5.2      (i) for purposes of the manager's application to be 
  5.3   employed by an owner or for purposes of continuing as an 
  5.4   employee; and 
  5.5      (ii) to determine whether the manager has been convicted of 
  5.6   any felony or nontraffic gross misdemeanor crime on which data 
  5.7   is available to the superintendent or through other data 
  5.8   sources; 
  5.9      (2) the right to be informed by the owner of the content of 
  5.10  the background check and to obtain from the owner a copy of the 
  5.11  background check report; 
  5.12     (3) the right to obtain from the superintendent or any law 
  5.13  enforcement agency or other state agency, statewide system, or 
  5.14  political subdivision, any record provided by that entity that 
  5.15  forms the basis for the report prepared by the private business 
  5.16  or local law enforcement agency, and the right to challenge the 
  5.17  accuracy and completeness of any such record under section 
  5.18  13.04, subdivision 4; and 
  5.19     (4) the right to be informed by the owner if the manager's 
  5.20  application for employment or request to continue as an employee 
  5.21  has been denied because of the content of the background check 
  5.22  report. 
  5.23     Subd. 7.  [PETTY MISDEMEANOR.] An owner who knowingly fails 
  5.24  to request a background check under subdivision 1 is guilty of a 
  5.25  petty misdemeanor. 
  5.26     Sec. 4.  [299C.69] [BUREAU OF CRIMINAL APPREHENSION 
  5.27  IMMUNITY.] 
  5.28     The bureau of criminal apprehension is immune from any 
  5.29  civil or criminal liability that might otherwise arise under 
  5.30  sections 299C.66 to 299C.69, based on the accuracy or 
  5.31  completeness of any records it receives from the Federal Bureau 
  5.32  of Investigation or any other state or local agency or branch of 
  5.33  government, if the bureau acts in good faith. 
  5.34     Sec. 5.  [504.183] [TENANT'S RIGHT TO PRIVACY.] 
  5.35     Subdivision 1.  [DEFINITIONS.] For purposes of this 
  5.36  section, the following terms have the meanings given them. 
  6.1      (a) "Building" has the meaning given in section 566.18, 
  6.2   subdivision 7. 
  6.3      (b) "Landlord" means the owner as defined in section 
  6.4   566.18, subdivision 3, the owner's agent, or other person acting 
  6.5   under the owner's direction and control. 
  6.6      (c) "Tenant" has the meaning given in section 566.18, 
  6.7   subdivision 2. 
  6.8      Subd. 2.  [ENTRY BY LANDLORD.] Except as provided in 
  6.9   subdivision 4, a landlord may enter the premises rented by a 
  6.10  tenant only for a reasonable business purpose and after giving 
  6.11  the tenant reasonable notice under the circumstances of the 
  6.12  intent to enter.  A tenant may not waive and the landlord may 
  6.13  not require the tenant to waive the tenant's right to prior 
  6.14  notice of entry under this section as a condition of entering 
  6.15  into or maintaining the lease. 
  6.16     Subd. 3.  [REASONABLE PURPOSE.] For purposes of subdivision 
  6.17  2, a reasonable business purpose includes, but is not limited to:
  6.18     (1) showing the unit to prospective tenants during the 
  6.19  month before the lease terminates or after the current tenant 
  6.20  has given notice to move to the owner or owner's agent; 
  6.21     (2) showing the unit to a prospective buyer or to an 
  6.22  insurance representative; 
  6.23     (3) performing maintenance work; and 
  6.24     (4) allowing inspections by state, county, or city 
  6.25  officials charged in the enforcement of health, housing, 
  6.26  building, fire prevention, or housing maintenance codes. 
  6.27     Subd. 4.  [EXCEPTION TO NOTICE REQUIREMENT.] 
  6.28  Notwithstanding subdivision 2, a landlord may enter the premises 
  6.29  rented by a tenant to inspect or take appropriate action without 
  6.30  prior notice to the tenant if the landlord reasonably suspects 
  6.31  that:  
  6.32     (1) immediate entry is necessary to prevent injury to 
  6.33  persons or property because of conditions relating to 
  6.34  maintenance, building security, or law enforcement; 
  6.35     (2) immediate entry is necessary to determine a tenant's 
  6.36  safety; or 
  7.1      (3) immediate entry is necessary in order to comply with 
  7.2   local ordinances regarding unlawful activity occurring within 
  7.3   the tenant's premises. 
  7.4      Subd. 5.  [ENTRY WITHOUT TENANT'S PRESENCE.] If the 
  7.5   landlord enters when the tenant is not present and prior notice 
  7.6   has not been given, the landlord shall disclose the entry by 
  7.7   placing a written disclosure of the entry in a conspicuous place 
  7.8   in the premises. 
  7.9      Subd. 6.  [PENALTY.] If a landlord substantially violates 
  7.10  subdivision 2, the tenant is entitled to a penalty which may 
  7.11  include a rent reduction up to full rescission of the lease, 
  7.12  recovery of any damage deposit less any amount retained under 
  7.13  section 504.20, and up to a $100 civil penalty for each 
  7.14  violation.  If a landlord violates subdivision 5, the tenant is 
  7.15  entitled to up to a $100 civil penalty for each violation.  A 
  7.16  tenant shall follow the procedures in sections 566.18 to 566.33 
  7.17  to enforce the provisions of this section. 
  7.18     Subd. 7.  [EXEMPTION.] This section does not apply to 
  7.19  tenants and landlords of manufactured home parks as defined in 
  7.20  section 327C.01. 
  7.21     Sec. 6.  [EFFECTIVE DATE; APPLICATION.] 
  7.22     Sections 1 to 4 are effective August 1, 1995, and apply to 
  7.23  owners who hire or seek to hire managers on or after that date.  
  7.24     Section 5 is effective for oral and written leases entered 
  7.25  into or renewed on or after August 1, 1995.