Minnesota Legislature
HF 2491
as introduced - 90th Legislature (2017 - 2018) Posted on 03/27/2017 11:43am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/23/2017 |
Current Version - as introduced
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15
1.16 1.17 1.18 1.19 1.20 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8
2.9 2.10 2.11 2.12 2.13 2.14
2.15 2.16 2.17 2.18 2.19 2.20 2.21
2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11
4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19
4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 5.1 5.2
5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28
5.29 5.30 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10
A bill for an act
relating to employment; limiting reliance on criminal history for employment
purposes; amending Minnesota Statutes 2016, sections 181.53; 181.981, subdivision
1; 364.02, subdivisions 4, 6; 364.03; 364.04; 364.05; 364.06, subdivision 2; 364.07.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 181.53, is amended to read:
181.53 CONDITIONS PRECEDENT TO EMPLOYMENT NOT REQUIRED.
No person, whether acting directly or through an agent, or as the agent or employee of
another, shall require as a condition precedent to employment any written statement as to
the participation of the applicant in a strike, or as to a personal record, for more than one
year immediately preceding the date of application; nor shall any person, acting in any of
these capacities, use or require blanks or forms of application for employment in
contravention of this section. Nothing in this section precludes an employer from requesting
or considering an applicant's criminal history pursuant to deleted text begin section 364.021deleted text end new text begin chapter 364new text end or
other applicable law.
Sec. 2.
Minnesota Statutes 2016, section 181.981, subdivision 1, is amended to read:
Subdivision 1.
Limitation on admissibility of criminal history.
Information regarding
a criminal history record of an employee or former employee may not be introduced as
evidence in a civil action against a private employer or its employees or agents that is based
on the conduct of the employee or former employee, if:
(1) the duties of the position of employment did not expose others to a greater degree
of risk than that created by the employee or former employee interacting with the public
outside of the duties of the position or that might be created by being employed in general;
(2) before the occurrence of the act giving rise to the civil action, a court order sealed
any record of the criminal case or the employee or former employee received a pardon;
(3) the record is of an arrest or charge that did not result in a criminal conviction; or
(4) the action is based solely upon the employer's compliance with deleted text begin section 364.021deleted text end new text begin
chapter 364new text end .
Sec. 3.
Minnesota Statutes 2016, section 364.02, subdivision 4, is amended to read:
Subd. 4.
deleted text begin Publicdeleted text end Employment.
"deleted text begin Publicdeleted text end Employment" deleted text begin includes all employment withdeleted text end
new text begin means the retention of an individual for pay by:
new text end
new text begin (1) new text end the state of Minnesota, its agencies, or political subdivisionsnew text begin ; or
new text end
new text begin (2) a private employer hiring an individual who will conduct the majority of the
individual's work in this statenew text end .
Sec. 4.
Minnesota Statutes 2016, section 364.02, subdivision 6, is amended to read:
Subd. 6.
Hiring or licensing authority.
"Hiring or licensing authority" deleted text begin shall meandeleted text end new text begin
means:
new text end
new text begin (1)new text end the person, board, commission, or department of the state of Minnesota, its agencies
or political subdivisions, responsible by law for the hiring of persons for public employment
or the licensing of persons for occupationsnew text begin ; or
new text end
new text begin (2) the representative of a private business that is hiring a person for employmentnew text end .
Sec. 5.
Minnesota Statutes 2016, section 364.03, is amended to read:
364.03 RELATION OF CONVICTION TO EMPLOYMENT OR OCCUPATION.
Subdivision 1.
No disqualification from new text begin employment or new text end licensed occupations.
Notwithstanding any other provision of law to the contrary, no person shall be disqualified
from deleted text begin publicdeleted text end employment, nor shall a person be disqualified from pursuing, practicing, or
engaging in any occupation for which a license is required solely or in part because of a
prior conviction of a crime or crimes, unless the crime or crimes for which convicted directly
relate to the position of employment sought or the occupation for which the license is sought.
Subd. 2.
Conviction relating to deleted text begin publicdeleted text end employment sought.
In determining if a
conviction directly relates to the position of deleted text begin publicdeleted text end employment sought or the occupation
for which the license is sought, the hiring or licensing authority shall consider:
(1) the nature and seriousness of the crime or crimes for which the individual was
convicted;
(2) the relationship of the crime or crimes to the purposes of regulating the position of
deleted text begin publicdeleted text end employment sought or the occupation for which the license is sought;
(3) the relationship of the crime or crimes to the ability, capacity, and fitness required
to perform the duties and discharge the responsibilities of the position of employment or
occupation.
Subd. 3.
Evidence of rehabilitation.
(a) A person who has been convicted of a crime
or crimes which directly relate to the deleted text begin publicdeleted text end employment sought or to the occupation for
which a license is sought shall not be disqualified from the employment or occupation if
the person can show competent evidence of sufficient rehabilitation and present fitness to
perform the duties of the deleted text begin publicdeleted text end employment sought or the occupation for which the license
is sought. Competent evidence of sufficient rehabilitation may be established by the
production of the person's most recent certified copy of a United States Department of
Defense form DD-214 showing the person's honorable discharge, or separation under
honorable conditions, from the United States armed forces for military service rendered
following conviction for any crime that would otherwise disqualify the person from the
public employment sought or the occupation for which the license is sought, or:
(1) a copy of the local, state, or federal release order; and
(2) evidence showing that at least one year has elapsed since release from any local,
state, or federal correctional institution without subsequent conviction of a crime; and
evidence showing compliance with all terms and conditions of probation or parole; or
(3) a copy of the relevant Department of Corrections discharge order or other documents
showing completion of probation or parole supervision.
(b) In addition to the documentary evidence presented, the licensing or hiring authority
shall consider any evidence presented by the applicant regarding:
(1) the nature and seriousness of the crime or crimes for which convicted;
(2) all circumstances relative to the crime or crimes, including mitigating circumstances
or social conditions surrounding the commission of the crime or crimes;
(3) the age of the person at the time the crime or crimes were committed;
(4) the length of time elapsed since the crime or crimes were committed; and
(5) all other competent evidence of rehabilitation and present fitness presented, including,
but not limited to, letters of reference by persons who have been in contact with the applicant
since the applicant's release from any local, state, or federal correctional institution.
(c) The certified copy of a person's United States Department of Defense form DD-214
showing the person's honorable discharge or separation under honorable conditions from
the United States armed forces ceases to qualify as competent evidence of sufficient
rehabilitation for purposes of this section upon the person's conviction for any gross
misdemeanor or felony committed by the person subsequent to the effective date of that
honorable discharge or separation from military service.
Sec. 6.
Minnesota Statutes 2016, section 364.04, is amended to read:
364.04 AVAILABILITY OF RECORDS.
The following criminal records shall not be useddeleted text begin , distributed, or disseminated by the
state of Minnesota, its agents or political subdivisionsdeleted text end in connection with any application
for deleted text begin publicdeleted text end employment nor in connection with an application for a license:
(1) records of arrest not followed by a valid convictiondeleted text begin .deleted text end new text begin ;
new text end
(2) convictions which have been, pursuant to law, annulled or expungeddeleted text begin .deleted text end new text begin ; and
new text end
(3) misdemeanor convictions for which no jail sentence can be imposed.
Sec. 7.
Minnesota Statutes 2016, section 364.05, is amended to read:
364.05 NOTIFICATION UPON DENIAL OF EMPLOYMENT OR
DISQUALIFICATION FROM OCCUPATION.
If a hiring or licensing authority denies an individual a position of deleted text begin publicdeleted text end employment
or disqualifies the individual from pursuing, practicing, or engaging in any occupation for
which a license is required, solely or in part because of the individual's prior conviction of
a crime, the hiring or licensing authority shall notify the individual in writing of the following:
(1) the grounds and reasons for the denial or disqualification;
(2) the applicable complaint and grievance procedure as set forth in section 364.06;
(3) the earliest date the person may reapply for a position of deleted text begin publicdeleted text end employment or a
license; and
(4) that all competent evidence of rehabilitation presented will be considered upon
reapplication.
Sec. 8.
Minnesota Statutes 2016, section 364.06, subdivision 2, is amended to read:
Subd. 2.
Private employers.
(a) The commissioner of human rights shall investigate
violations of deleted text begin section 364.021deleted text end new text begin this chapternew text end by a private employer. If the commissioner finds
that a violation new text begin of this chapter new text end has occurred, the commissioner may impose penalties as
provided in paragraphs (b) and (c).
(b) For violations new text begin of section 364.021 new text end that occur before January 1, 2015, new text begin or violations of
other provisions of this chapter that occur before January 1, 2019, new text end the penalties are as
follows:
(1) for the first violation, the commissioner shall issue a written warning to the employer
that includes a notice regarding the penalties for subsequent violations;
(2) if a first violation is not remedied within 30 days of the issuance of a warning under
clause (1), the commissioner may impose up to a $500 fine; and
(3) subsequent violations new text begin of section 364.021 new text end before January 1, 2015, new text begin or subsequent
violations of other provisions of this chapter that occur before January 1, 2019, new text end are subject
to a fine of up to $500 per violation, not to exceed $500 in a calendar month.
(c) For violations new text begin of section 364.021 new text end that occur after December 31, 2014, new text begin or violations
of other provisions of this chapter that occur after December 31, 2018, new text end the penalties are as
follows:
(1) for employers that employ ten or fewer persons at a site in this state, the penalty is
up to $100 for each violation, not to exceed $100 in a calendar month;
(2) for employers that employ 11 to 20 persons at a site in this state, the penalty is up
to $500 for each violation, not to exceed $500 in a calendar month; and
(3) for employers that employ more than 20 persons at one or more sites in this state,
the penalty is up to $500 for each violation, not to exceed $2,000 in a calendar month.
(d) The remedies under this subdivision are exclusive. A private employer is not otherwise
liable for complying with or failing to comply with deleted text begin section 364.021deleted text end new text begin this chapternew text end .
Sec. 9.
Minnesota Statutes 2016, section 364.07, is amended to read:
364.07 APPLICATION.
The provisions of sections 364.01 to 364.10 shall prevail over any other laws and rules
which purport to govern the granting, denial, renewal, suspension, or revocation of a license
or the initiation, suspension, or termination of deleted text begin publicdeleted text end employment on the grounds of
conviction of a crime or crimes. In deciding to grant, deny, revoke, suspend, or renew a
license, or to deny, suspend, or terminate deleted text begin publicdeleted text end employment for a lack of good moral
character or the like, the hiring or licensing authority may consider evidence of conviction
of a crime or crimes but only in the same manner and to the same effect as provided for in
sections 364.01 to 364.10. Nothing in sections 364.01 to 364.10 shall be construed to
otherwise affect relevant proceedings involving the granting, denial, renewal, suspension,
or revocation of a license or the initiation, suspension, or termination of deleted text begin publicdeleted text end employment.