HF 151

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; requiring landlords of residential 
  1.3             rental buildings to conduct a criminal conviction 
  1.4             background check of individuals employed as building 
  1.5             managers or caretakers; proposing coding for new law 
  1.6             in Minnesota Statutes, chapter 299C. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [299C.66] [CITATION.] 
  1.9      Sections 299C.66 to 299C.69 may be cited as the "Minnesota 
  1.10  manager background check act." 
  1.11     Sec. 2.  [299C.67] [DEFINITIONS.] 
  1.12     Subdivision 1.  [TERMS.] The definitions in this section 
  1.13  apply to sections 299C.66 to 299C.69. 
  1.14     Subd. 2.  [BACKGROUND CHECK CRIME.] "Background check crime"
  1.15  includes murder, manslaughter, aiding suicide, aiding attempted 
  1.16  suicide, assault, terroristic threats, use of drugs to injure or 
  1.17  to facilitate crime, simple robbery, aggravated robbery, 
  1.18  kidnapping, false imprisonment, criminal sexual conduct, theft 
  1.19  of a firearm, arson, riot, burglary, reckless use of a gun or 
  1.20  dangerous weapon, intentionally pointing a gun at or towards a 
  1.21  human being, setting a spring gun, and unlawfully owning, 
  1.22  possessing, or operating a machine gun or short-barreled 
  1.23  shotgun, and an attempt to commit any of these offenses, as each 
  1.24  of those offenses is defined in chapter 609.  "Background check 
  1.25  crime" also includes felony violations of chapter 152. 
  1.26     Subd. 3.  [CJIS.] "CJIS" means the Minnesota criminal 
  2.1   justice information system. 
  2.2      Subd. 4.  [MANAGER.] "Manager" means an individual: 
  2.3      (1) who is employed by or applies for employment with an 
  2.4   owner to perform day-to-day management, caretaking, or 
  2.5   maintenance tasks in a residential rental building or on 
  2.6   residential rental premises; and 
  2.7      (2) who has or would have the authority or the legitimate 
  2.8   means, within the scope of the individual's employment, to enter 
  2.9   tenants' dwelling units located in the building. 
  2.10     Subd. 5.  [OWNER.] "Owner" has the meaning given in section 
  2.11  566.18, subdivision 3. 
  2.12     Subd. 6.  [SUPERINTENDENT.] "Superintendent" means the 
  2.13  superintendent of the bureau of criminal apprehension. 
  2.14     Subd. 7.  [TENANT.] "Tenant" has the meaning given in 
  2.15  section 566.18, subdivision 2. 
  2.16     Sec. 3.  [299C.68] [BACKGROUND CHECKS.] 
  2.17     Subdivision 1.  [BACKGROUND CHECK; WHEN REQUIRED.] An owner 
  2.18  who employs or seeks to employ a manager shall request the 
  2.19  superintendent to conduct a background check under this section. 
  2.20     Subd. 2.  [PROCEDURES.] The superintendent shall develop 
  2.21  procedures to enable an owner to request a background check to 
  2.22  determine whether a manager is the subject of any reported 
  2.23  conviction for a background check crime.  The superintendent 
  2.24  shall perform the background check by retrieving and reviewing 
  2.25  data on background check crimes maintained in the CJIS 
  2.26  computers.  The superintendent is authorized to exchange 
  2.27  fingerprints with the Federal Bureau of Investigation for 
  2.28  purposes of a criminal history check.  The superintendent shall 
  2.29  recover the cost of a background check through a fee charged to 
  2.30  the owner. 
  2.31     Subd. 3.  [BACKGROUND CHECKS; REQUIREMENTS.] The 
  2.32  superintendent may not perform a background check under this 
  2.33  section unless the owner submits a written document, signed by 
  2.34  the manager on whom the background check is to be performed.  
  2.35  The superintendent shall develop a standardized form to be used 
  2.36  for this purpose which includes the following: 
  3.1      (1) a question asking whether the manager has ever been 
  3.2   convicted of a background check crime and if so, requiring a 
  3.3   description of the crime and the particulars of the conviction; 
  3.4      (2) a notification to the manager that the owner will 
  3.5   request the superintendent to perform a background check under 
  3.6   this section; and 
  3.7      (3) a notification to the manager of the manager's rights 
  3.8   under subdivision 4. 
  3.9      Background checks performed under this section may only be 
  3.10  requested by and provided to authorized representatives of an 
  3.11  owner who have a need to know the information and may be used 
  3.12  only for the purposes of sections 299C.66 to 299C.69.  
  3.13  Background checks may be performed under this section not later 
  3.14  than one year after the document is submitted under this section.
  3.15     Subd. 4.  [MANAGER'S RIGHTS.] (a) The owner shall notify 
  3.16  the manager of the manager's rights under paragraph (b). 
  3.17     (b) A manager who is the subject of a background check 
  3.18  request has the following rights: 
  3.19     (1) the right to be informed that an owner will request a 
  3.20  background check on the manager: 
  3.21     (i) for purposes of the manager's application to be 
  3.22  employed by an owner or for purposes of continuing as an 
  3.23  employee; and 
  3.24     (ii) to determine whether the manager has been convicted of 
  3.25  any crime specified in section 299C.67, subdivision 2; 
  3.26     (2) the right to be informed by the owner of the 
  3.27  superintendent's response to the background check and to obtain 
  3.28  from the owner a copy of the background check report; 
  3.29     (3) the right to obtain from the superintendent any record 
  3.30  that forms the basis for the report; 
  3.31     (4) the right to challenge the accuracy and completeness of 
  3.32  any information contained in the report or record pursuant to 
  3.33  section 13.04, subdivision 4; and 
  3.34     (5) the right to be informed by the owner if the manager's 
  3.35  application to be employed by the owner or to continue as an 
  3.36  employee has been denied because of the superintendent's 
  4.1   response. 
  4.2      Subd. 5.  [RESPONSE OF BUREAU.] The superintendent shall 
  4.3   respond to a background check request within a reasonable time 
  4.4   not to exceed ten working days after receiving the signed, 
  4.5   written document described in subdivision 3.  The 
  4.6   superintendent's response shall be limited to a statement that 
  4.7   the background check crime information contained in the document 
  4.8   is or is not complete and accurate.  The superintendent shall 
  4.9   develop a standardized response form.  
  4.10     Sec. 4.  [299C.69] [BCA IMMUNITY.] 
  4.11     The bureau of criminal apprehension is immune from any 
  4.12  civil or criminal liability that might otherwise arise under 
  4.13  sections 299C.66 to 299C.69, based on the accuracy or 
  4.14  completeness of any records it receives from the Federal Bureau 
  4.15  of Investigation, if the bureau acts in good faith. 
  4.16     Sec. 5.  [EFFECTIVE DATE.] 
  4.17     Sections 1 to 4 are effective August 1, 1995, and apply to 
  4.18  owners who employ or seek to employ managers on or after that 
  4.19  date.