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Minnesota Legislature

Office of the Revisor of Statutes

HF 2780

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/22/2018 03:46pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to human services; modifying various background study provisions;
amending Minnesota Statutes 2016, sections 245C.03, by adding a subdivision;
245C.05, subdivision 2c; 245C.051; Minnesota Statutes 2017 Supplement, section
245C.05, subdivision 5.

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

Section 1.

Minnesota Statutes 2016, section 245C.03, is amended by adding a subdivision
to read:


new text begin Subd. 13. new text end

new text begin Minor children background studies. new text end

new text begin For a minor affiliated with a child care
program, after receiving the privacy notice in section 245C.05, subdivision 2c, a parent may
opt to have the required background study for a child include the submission of a child's
fingerprints for a national criminal history record check as part of the review of information
under section 245C.08 if a child:
new text end

new text begin (1) is 13 to 17 years of age; and
new text end

new text begin (2) resides with a legal nonlicensed child care provider authorized under chapter 119B
or at a licensed family child care program.
new text end

new text begin A child's background study conducted under this subdivision is valid for five years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon implementation of NETStudy 2.0
for family child care programs. The commissioner of human services shall notify the revisor
of statutes when this section is effective.
new text end

Sec. 2.

Minnesota Statutes 2016, section 245C.05, subdivision 2c, is amended to read:


Subd. 2c.

Privacy notice to background study subject.

(a) Prior to initiating each
background study, the entity initiating the study must provide the commissioner's privacy
notice to the background study subject required under section 13.04, subdivision 2. The
notice must be available through the commissioner's electronic NETStudy and NETStudy
2.0 systems and shall include the information in paragraphs (b)new text begin,new text end deleted text beginanddeleted text end (c)new text begin, and (d)new text end.

(b) The background study subject shall be informed that any previous background studies
that received a set-aside will be reviewed, and without further contact with the background
study subject, the commissioner may notify the agency that initiated the subsequent
background study:

(1) that the individual has a disqualification that has been set aside for the program or
agency that initiated the study;

(2) the reason for the disqualification; and

(3) that information about the decision to set aside the disqualification will be available
to the license holder upon request without the consent of the background study subject.

(c) The background study subject must also be informed that:

(1) the subject's fingerprints collected for purposes of completing the background study
under this chapter must not be retained by the Department of Public Safety, Bureau of
Criminal Apprehension, or by the commissionerdeleted text begin, but will be retained by the Federal Bureau
of Investigation
deleted text end;

(2) effective upon implementation of NETStudy 2.0, the subject's photographic image
will be retained by the commissioner, and if the subject has provided the subject's Social
Security number for purposes of the background study, the photographic image will be
available to prospective employers and agencies initiating background studies under this
chapter to verify the identity of the subject of the background studynew text begin. The photographic image
shall not be shared with the Department of Public Safety, the Bureau of Criminal
Apprehension, or the Federal Bureau of Investigation
new text end;

(3) the commissioner's authorized fingerprint collection vendor shall, for purposes of
verifying the identity of the background study subject, be able to view the identifying
information entered into NETStudy 2.0 by the entity that initiated the background study,
but shall not retain the subject's fingerprints, photograph, or information from NETStudy
2.0. The authorized fingerprint collection vendor shall retain no more than the subject's
name and the date and time the subject's fingerprints were recorded and sent, only as
necessary for auditing and billing activities;

(4) the commissioner shall provide the subject notice, as required in section 245C.17,
subdivision 1, paragraph (a), when an entity initiates a background study on the individual;

(5) the subject may request in writing a report listing the entities that initiated a
background study on the individual as provided in section 245C.17, subdivision 1, paragraph
(b);

(6) the subject may request in writing that information used to complete the individual's
background study in NETStudy 2.0 be destroyed if the requirements of section 245C.051,
paragraph (a), are met; and

(7) notwithstanding clause (6), the commissioner shall destroy:

(i) the subject's photograph after a period of two years when the requirements of section
245C.051, paragraph (c), are met; and

(ii) any data collected on a subject under this chapter after a period of two years following
the individual's death as provided in section 245C.051, paragraph (d).

new text begin (d) The background study subject must also be informed of:
new text end

new text begin (1) all information that the subject is required to provide under subdivision 1 and
elsewhere in this chapter to ensure an accurate background study; and
new text end

new text begin (2) the entities with whom the commissioner may share data collected under this chapter
and which information used to complete the subject's background study may be shared with
these entities.
new text end

Sec. 3.

Minnesota Statutes 2017 Supplement, section 245C.05, subdivision 5, is amended
to read:


Subd. 5.

Fingerprints and photograph.

(a) Before the implementation of NETStudy
2.0, except as provided in paragraph (c), for any background study completed under this
chapter, when the commissioner has reasonable cause to believe that further pertinent
information may exist on the subject of the background study, the subject shall provide the
commissioner with a set of classifiable fingerprints obtained from an authorized agency.

(b) Before the implementation of NETStudy 2.0, for purposes of requiring fingerprints,
the commissioner has reasonable cause when, but not limited to, the:

(1) information from the Bureau of Criminal Apprehension indicates that the subject is
a multistate offender;

(2) information from the Bureau of Criminal Apprehension indicates that multistate
offender status is undetermined; or

(3) commissioner has received a report from the subject or a third party indicating that
the subject has a criminal history in a jurisdiction other than Minnesota.

(c) Notwithstanding paragraph (d), for background studies conducted by the commissioner
for child foster care, adoptions, or a transfer of permanent legal and physical custody of a
child, the subject of the background study, who is 18 years of age or older, shall provide
the commissioner with a set of classifiable fingerprints obtained from an authorized agency
for a national criminal history record check.

(d) For background studies initiated on or after the implementation of NETStudy 2.0,
every subject of a background study must provide the commissioner with a set of the
background study subject's classifiable fingerprints and photograph. The photograph and
fingerprints must be recorded at the same time by the commissioner's authorized fingerprint
collection vendor and sent to the commissioner through the commissioner's secure data
system described in section 245C.32, subdivision 1a, paragraph (b). new text beginThe photographic image
shall not be shared with the Department of Public Safety, the Bureau of Criminal
Apprehension, or the Federal Bureau of Investigation.
new text endThe fingerprints shall not be retained
by the Department of Public Safety, Bureau of Criminal Apprehension, or the commissionerdeleted text begin,
but will be retained by the Federal Bureau of Investigation
deleted text end. The commissioner's authorized
fingerprint collection vendor shall, for purposes of verifying the identity of the background
study subject, be able to view the identifying information entered into NETStudy 2.0 by
the entity that initiated the background study, but shall not retain the subject's fingerprints,
photograph, or information from NETStudy 2.0. The authorized fingerprint collection vendor
shall retain no more than the name and date and time the subject's fingerprints were recorded
and sent, only as necessary for auditing and billing activities.

(e) When specifically required by law, fingerprints collected under this section must be
submitted for a national criminal history record check.

Sec. 4.

Minnesota Statutes 2016, section 245C.051, is amended to read:


245C.051 DESTRUCTION OF BACKGROUND STUDY SUBJECT
INFORMATION.

(a) A background study subject may request in writing to the commissioner that
information used to complete the individual's study in NETStudy 2.0 be destroyed if the
individual:

(1) has not been affiliated with any entity for the previous two years; and

(2) has no current disqualifying characteristic.

(b) After receiving the request and verifying the information in paragraph (a), the
commissioner shall destroy the information used to complete the subject's background study
and shall keep a record of the subject's name and a notation of the date that the information
was destroyed.new text begin The commissioner shall notify the study subject when the information used
to complete the subject's background study is destroyed.
new text end

(c) When a previously studied individual has not been on the master roster for two years,
the commissioner shall destroy the photographic image of the individual obtained under
section 245C.05, subdivision 5, paragraph (d).

(d) Any data collected on an individual under this chapter that is maintained by the
commissioner that has not been destroyed according to paragraph (b) or (c) shall be destroyed
when two years have elapsed from the individual's actual death that is reported to the
commissioner or when 90 years have elapsed since the individual's birth except when readily
available data indicate that the individual is still living.

Sec. 5. new text beginDIRECTION TO COMMISSIONER; UNIFYING BACKGROUND STUDIES.
new text end

new text begin (a) The commissioner of human services shall work with stakeholders and affected
agencies and boards to unify the background studies process required by the Departments
of Human Services and Health, health-related licensing board as defined in Minnesota
Statutes, section 214.01, subdivision 2, and Professional Educator Licensing and Standards
Board as defined in Minnesota Statutes, section 122A.06, subdivision 3, to:
new text end

new text begin (1) establish a single background study process that satisfies the requirements for all
background studies required by the Departments of Human Services and Health,
health-related licensing board, and Professional Educator Licensing and Standards Board;
new text end

new text begin (2) establish a background study process that is transferable across different professions,
between counties, and between provider types;
new text end

new text begin (3) simplify the fee structure for background studies; and
new text end

new text begin (4) identify any federal waivers necessary to implement a unified background studies
process.
new text end

new text begin (b) The commissioner shall propose legislation in the 2019 legislative session to establish
a unified background studies process.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end