as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am
Engrossments | ||
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Introduction | Posted on 03/12/2009 |
A bill for an act
relating to consumer reports; requiring notice and copy of background check;
defining terms; amending Minnesota Statutes 2008, section 13C.001, by adding
subdivisions; proposing coding for new law in Minnesota Statutes, chapter 13C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2008, section 13C.001, is amended by adding a
subdivision to read:
new text begin
"Background check" means a review of data and
information maintained by government entities to determine whether a data subject
qualifies to obtain housing or perform a job. A background check is not a consumer report.
new text end
Minnesota Statutes 2008, section 13C.001, is amended by adding a subdivision
to read:
new text begin
"Business screening service" means a person
regularly engaged in the business of collecting, assembling, evaluating, or disseminating
criminal record information on individuals for a fee. Business screening service does not
include a government entity, as defined in section 13.02, or the news media. A business
screening service is not a consumer reporting agency.
new text end
Minnesota Statutes 2008, section 13C.001, is amended by adding a subdivision
to read:
new text begin
"Data subject" means the individual human being about
whom a background check is conducted.
new text end
Minnesota Statutes 2008, section 13C.001, is amended by adding a subdivision
to read:
new text begin
"Inquirer" means the person requesting a background check.
new text end
Minnesota Statutes 2008, section 13C.001, is amended by adding a subdivision
to read:
new text begin
"Results" means the data reviewed to perform the background
check.
new text end
new text begin
(a) Prior to initiating a background check, an inquirer must give the data subject
written notice that a background check will be performed and, if a business screening
service is utilized, the name and address of that business screening service. The notice
must also describe the process for obtaining a written copy of the results from the inquirer.
The inquirer must provide a written copy of the results to the data subject upon request.
The inquirer may not charge a fee for the copy.
new text end
new text begin
(b) This section does not apply to public employers regulated under chapter 364.
new text end