HF 2528

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; requiring the 
  1.3             superintendent of the bureau of criminal apprehension 
  1.4             to conduct periodic background checks on managers of 
  1.5             rental real property; amending Minnesota Statutes 
  1.6             1998, section 299C.68, subdivisions 1, 2, 3, 4, and 5; 
  1.7             Minnesota Statutes 1999 Supplement, section 299C.69. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 299C.68, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [WHEN REQUIRED.] (a) Before hiring a 
  1.12  manager, an owner shall request the superintendent to conduct a 
  1.13  background check under this section.  An owner may employ a 
  1.14  manager after requesting a background check under this section 
  1.15  before receipt of the background check report, provided that the 
  1.16  owner complies with section 299C.69.  An owner may request a 
  1.17  background check for a currently employed manager under this 
  1.18  section.  By July 1, 1996, an owner shall request the 
  1.19  superintendent to conduct a background check under this section 
  1.20  for managers hired before July 1, 1995, who are currently 
  1.21  employed. 
  1.22     (b) An owner shall also request the superintendent to 
  1.23  conduct periodic background checks on managers who have been 
  1.24  hired and had background checks done under paragraph (a). 
  1.25     Sec. 2.  Minnesota Statutes 1998, section 299C.68, 
  1.26  subdivision 2, is amended to read: 
  2.1      Subd. 2.  [PROCEDURES.] (a) The superintendent shall 
  2.2   develop procedures to enable an owner to request a background 
  2.3   check to determine whether a manager is the subject of a 
  2.4   reported conviction for a background check crime.  The 
  2.5   superintendent shall perform the background check by retrieving 
  2.6   and reviewing data on background check crimes maintained in the 
  2.7   CJIS computers.  The superintendent shall notify the owner in 
  2.8   writing of the results of the background check.  If the manager 
  2.9   has resided in Minnesota for less than five years or upon 
  2.10  request of the owner, the superintendent shall also either:  (1) 
  2.11  conduct a search of the national criminal records repository, 
  2.12  including the criminal justice data communications network; or 
  2.13  (2) conduct a search of the criminal justice data communications 
  2.14  network records in the state or states where the manager has 
  2.15  resided for the preceding five years.  The superintendent is 
  2.16  authorized to exchange fingerprints with the Federal Bureau of 
  2.17  Investigation for purposes of the criminal history check.  The 
  2.18  superintendent shall recover the cost of a background check 
  2.19  through a fee charged to the owner. 
  2.20     (b) The superintendent shall amend the criminal background 
  2.21  procedures on managers described in paragraph (a) to require 
  2.22  periodic background checks on managers who have been employed 
  2.23  after an initial background check has revealed that the manager 
  2.24  has not been convicted of a background check crime.  The 
  2.25  superintendent shall conduct periodic background checks at least 
  2.26  twice annually and may recover the cost of periodic background 
  2.27  checks through fees charged to the owner.  The superintendent 
  2.28  shall notify the owner in writing of the results of periodic 
  2.29  background checks.  The superintendent shall conduct subsequent 
  2.30  periodic background checks beginning no later than October 15, 
  2.31  2000, for managers hired before August 1, 2000, after an initial 
  2.32  background check indicated that the manager had not been 
  2.33  convicted of a background check crime. 
  2.34     Sec. 3.  Minnesota Statutes 1998, section 299C.68, 
  2.35  subdivision 3, is amended to read: 
  2.36     Subd. 3.  [FORM.] The superintendent shall develop a 
  3.1   standardized form to be used for requesting a background check, 
  3.2   which must include: 
  3.3      (1) a notification to the manager that the owner will 
  3.4   request the superintendent to perform a initial and subsequent 
  3.5   periodic background check checks under this section; 
  3.6      (2) a notification to the manager of the manager's rights 
  3.7   under subdivision 4; and 
  3.8      (3) a signed consent by the manager to conduct the initial 
  3.9   and subsequent periodic background check checks. 
  3.10     If the manager has resided in Minnesota for less than five 
  3.11  years, or if the owner is requesting a search of the national 
  3.12  criminal records repository, the form must be accompanied by the 
  3.13  fingerprints of the manager on whom the background check is to 
  3.14  be performed. 
  3.15     Sec. 4.  Minnesota Statutes 1998, section 299C.68, 
  3.16  subdivision 4, is amended to read: 
  3.17     Subd. 4.  [MANAGER'S RIGHTS.] (a) The owner shall notify 
  3.18  the manager of the manager's rights under paragraph (b). 
  3.19     (b) A manager who is the subject of a background check 
  3.20  request has the following rights: 
  3.21     (1) the right to be informed that the owner will request a 
  3.22  initial and subsequent periodic background check checks on the 
  3.23  manager to determine whether the manager has been convicted of a 
  3.24  crime specified in section 299C.67, subdivision 2; 
  3.25     (2) the right to be informed by the owner of the 
  3.26  superintendent's response to the initial and subsequent periodic 
  3.27  background check checks and to obtain from the owner a copy 
  3.28  copies of the background check report reports; 
  3.29     (3) the right to obtain from the superintendent any record 
  3.30  that forms the basis for the any report; 
  3.31     (4) the right to challenge the accuracy and completeness of 
  3.32  information contained in the any report or record under section 
  3.33  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 result of the any 
  4.1   background check. 
  4.2      Sec. 5.  Minnesota Statutes 1998, section 299C.68, 
  4.3   subdivision 5, is amended to read: 
  4.4      Subd. 5.  [RESPONSE OF BUREAU.] The superintendent shall 
  4.5   respond in writing to a an initial or subsequent periodic 
  4.6   background check request within a reasonable time not to exceed 
  4.7   ten working days after receiving the signed form under 
  4.8   subdivision 3.  If a search is being done of the national 
  4.9   criminal records repository and that portion of the background 
  4.10  check is not completed, the superintendent shall notify the 
  4.11  owner that the background check is not complete and shall 
  4.12  provide that portion of the background check to the owner as 
  4.13  soon as it is available.  The superintendent's response must 
  4.14  clearly indicate whether the manager has ever been convicted of 
  4.15  a background check crime and, if so, a description of the crime, 
  4.16  date and jurisdiction of conviction, and date of discharge of 
  4.17  the sentence. 
  4.18     Sec. 6.  Minnesota Statutes 1999 Supplement, section 
  4.19  299C.69, is amended to read: 
  4.20     299C.69 [OWNER DUTIES IF MANAGER CONVICTED OF CRIME.] 
  4.21     (a) If the superintendent's response indicates that the 
  4.22  manager has been convicted of a background check crime defined 
  4.23  in section 299C.67, subdivision 2, paragraph (a), the owner may 
  4.24  not hire the manager or, if the manager was hired pending 
  4.25  completion of the background check, shall terminate the 
  4.26  manager's employment.  Except as provided in paragraph (c), if 
  4.27  an owner otherwise knows that a manager has been convicted of a 
  4.28  background check crime defined in section 299C.67, subdivision 
  4.29  2, paragraph (a), the owner shall terminate the manager's 
  4.30  employment. 
  4.31     (b) If the superintendent's response indicates that the 
  4.32  manager has been convicted of a background check crime defined 
  4.33  in section 299C.67, subdivision 2, paragraph (b), the owner may 
  4.34  not hire the manager unless more than ten years have elapsed 
  4.35  since the date of discharge of the sentence.  If the manager was 
  4.36  hired pending completion of the background check, the owner 
  5.1   shall terminate the manager's employment unless more than ten 
  5.2   years have elapsed since the date of discharge of the sentence.  
  5.3   Except as provided in paragraph (c), if an owner otherwise knows 
  5.4   that a manager has been convicted of a background check crime 
  5.5   defined in section 299C.67, subdivision 2, paragraph (b), the 
  5.6   owner shall terminate the manager's employment unless more than 
  5.7   ten years have elapsed since the date of discharge of the 
  5.8   sentence.  
  5.9      (c) If after an initial background check a manager is hired 
  5.10  and then during a subsequent periodic background check the 
  5.11  superintendent's response indicates that the manager has been 
  5.12  convicted of a background check crime defined in section 
  5.13  299C.67, subdivision 2, paragraph (a), the owner shall terminate 
  5.14  the manager's employment.  If during a subsequent periodic 
  5.15  background check the superintendent's response indicates that 
  5.16  the manager has been convicted of a background check crime 
  5.17  defined in section 299C.67, subdivision 2, paragraph (b), the 
  5.18  owner shall terminate the manager and may not rehire the manager 
  5.19  until more than ten years have elapsed since the date of 
  5.20  discharge of the sentence. 
  5.21     (c) (d) If an owner knows that a manager hired before July 
  5.22  1, 1995, was convicted of a background check crime for an 
  5.23  offense committed before July 1, 1995, the owner may continue to 
  5.24  employ the manager.  However, the owner shall notify all tenants 
  5.25  and prospective tenants whose dwelling units would be accessible 
  5.26  to the manager of the crime for which the manager has been 
  5.27  convicted and of the right of a current tenant to terminate the 
  5.28  tenancy under this paragraph, if the manager was convicted of a 
  5.29  background check crime defined in: 
  5.30     (1) section 299C.67, subdivision 2, paragraph (a); or 
  5.31     (2) section 299C.67, subdivision 2, paragraph (b), unless 
  5.32  more than ten years have elapsed since the sentence was 
  5.33  discharged. 
  5.34     Notwithstanding a lease provision to the contrary, a 
  5.35  current tenant who receives a notice under this paragraph may 
  5.36  terminate the tenancy within 60 days of receipt of the notice by 
  6.1   giving the owner at least 14 days' advance notice of the 
  6.2   termination date. 
  6.3      (d) (e) The owner shall notify the manager of any action 
  6.4   taken under this subdivision. 
  6.5      (e) (f) If an owner is required to terminate a manager's 
  6.6   employment under paragraph (a) or, (b), or (c), or terminates a 
  6.7   manager's employment in lieu of notifying tenants under 
  6.8   paragraph (c) (d), the owner is not liable under any law, 
  6.9   contract, or agreement, including liability for unemployment 
  6.10  compensation claims, for terminating the manager's employment in 
  6.11  accordance with this section.  Notwithstanding a lease or 
  6.12  agreement governing termination of the tenancy, if the manager 
  6.13  whose employment is terminated is also a tenant, the owner may 
  6.14  terminate the tenancy immediately upon giving notice to the 
  6.15  manager.  An eviction action to enforce the termination of the 
  6.16  tenancy must be treated as a priority writ under sections 
  6.17  504B.321; 504B.335; 504B.345, subdivision 1; 504B.361, 
  6.18  subdivision 2; and 504B.365, subdivision 2.