Minnesota Legislature
HF 379
as introduced - 92nd Legislature (2021 - 2022) Posted on 01/28/2021 02:13pm
Current Version - as introduced
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A bill for an act
relating to public safety; expanding access to information for law enforcement
hiring; amending Minnesota Statutes 2020, section 626.87, subdivisions 2, 3, 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 626.87, subdivision 2, is amended to read:
Subd. 2.
Disclosure of employment information.
Upon request of a law enforcement
agency, an employer shall disclose or otherwise make available for inspection employment
information of an employee or former employee who is the subject of an investigation under
subdivision 1new text begin or who is a candidate for employment with a law enforcement agency in any
other capacitynew text end. The request for disclosure of employment information must be in writing,
must be accompanied by an deleted text beginoriginaldeleted text end authorization and release signed by the employee or
former employee, and must be signed by deleted text begina sworn peace officer or otherdeleted text endnew text begin annew text end authorized
representative of the law enforcement agency conducting the background investigation.
Sec. 2.
Minnesota Statutes 2020, section 626.87, subdivision 3, is amended to read:
Subd. 3.
Refusal to disclose a personnel record.
If an employer refuses to disclose
employment information in accordance with this section, upon request the district court
may issue an ex parte order directing the disclosure of the employment information. The
request must be made by deleted text begina sworn peace officerdeleted text endnew text begin an authorized representativenew text end from the law
enforcement agency conducting the background investigation and must include a copy of
the deleted text beginoriginaldeleted text end request for disclosure made upon the employer or former employer and the
authorization and release signed by the employee or former employee. The request must be
signed by the deleted text beginpeace officerdeleted text endnew text begin personnew text end requesting the order and an attorney representing the
state or the political subdivision on whose behalf the background investigation is being
conducted. It is not necessary for the request or the order to be filed with the court
administrator. Failure to comply with the court order subjects the person new text beginor entity new text endwho fails
to comply to civil or criminal contempt of court.
Sec. 3.
Minnesota Statutes 2020, section 626.87, subdivision 5, is amended to read:
Subd. 5.
Notice of investigation.
Upon initiation of a background investigation deleted text beginunder
this sectiondeleted text endnew text begin for a person described in subdivision 1new text end, the law enforcement agency shall give
written notice to the Peace Officer Standards and Training Board of:
(1) the candidate's full name and date of birth; and
(2) the candidate's peace officer license number, if known.
The initiation of a background investigation does not include the submission of an
application for employment. Initiation of a background investigation occurs when the law
enforcement agency begins its determination of whether an applicant meets the agency's
standards for employment as a law enforcement employee.