HF 2041

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/09/2021 11:42am

A bill for an act
relating to public safety; authorizing local units of government to conduct criminal
background checks under certain circumstances; proposing coding for new law in
Minnesota Statutes, chapter 299C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [299C.77] FEDERAL BACKGROUND CHECKS BY POLITICAL
SUBDIVISIONS.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given them.
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new text begin (b) "Applicant for employment" means an individual who seeks either county, city, or
township employment where the job duties include access to residential property or business
property.
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new text begin (c) "Applicant for licensure" means an individual who seeks a license issued by a county,
city, or township to:
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new text begin (1) operate an adult entertainment establishment as defined in section 617.242, subdivision
1, clause (1);
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new text begin (2) provide massage services;
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new text begin (3) operate a business providing massage services;
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new text begin (4) operate as a solicitor or peddler;
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new text begin (5) operate a lawful gambling business other than charitable gambling;
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new text begin (6) obtain a premise permit for lawful gambling;
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new text begin (7) operate a taxi service; or
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new text begin (8) operate as a pawnbroker or precious metal or secondhand goods dealer.
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new text begin Subd. 2. new text end

new text begin Background check authorized. new text end

new text begin (a) A county, city, or township may investigate
the criminal history background of any applicant for employment or applicant for licensure.
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new text begin (b) The investigation must consist of a criminal history check of the state criminal records
repository and a national criminal history check. The county, city, or township shall accept
the applicant's signed informed consent form for the state and national criminal history
check request, fingerprints, and required fees. The county, city, or township shall submit
the applicant's signed informed consent form, fingerprints, and fees to the superintendent
of the Bureau of Criminal Apprehension, who is authorized to exchange the fingerprints
with the Federal Bureau of Investigation to obtain the applicant's national criminal history
record information. The superintendent shall also retrieve Minnesota criminal history data
and provide the results of both checks to the county, city, or township. Using the criminal
history data provided by the superintendent, the county, city, or township shall determine
whether the applicant is disqualified from employment or licensure. The applicant's failure
to cooperate with the county, city, or township in conducting the records check is reasonable
cause to deny an application.
new text end