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Minnesota Legislature

Office of the Revisor of Statutes

HF 498

as introduced - 88th Legislature (2013 - 2014) Posted on 02/11/2013 02:22pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to employment; limiting reliance on criminal history for employment
purposes; applying criminal offender rehabilitation requirements to private
employers; providing for remedies; amending Minnesota Statutes 2012, sections
181.981, subdivision 1; 364.02, subdivisions 4, 6; 364.021; 364.03; 364.04;
364.05; 364.06; 364.07; 364.09; 364.10.

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

Section 1.

Minnesota Statutes 2012, 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; deleted text beginor
deleted text end

(3) the record is of an arrest or charge that did not result in a criminal convictionnew text begin; or
new text end

new text begin (4) the action is based solely upon the employer's compliance with chapter 364new text end.

Sec. 2.

Minnesota Statutes 2012, section 364.02, subdivision 4, is amended to read:


Subd. 4.

deleted text beginPublicdeleted text end Employment.

"deleted text beginPublicdeleted text end Employment" deleted text beginincludes all employment with
deleted text end new text beginmeans the retention of an individual for pay by:
new text end

new text begin (1) new text endthe 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 state
new text end.

Sec. 3.

Minnesota Statutes 2012, section 364.02, subdivision 6, is amended to read:


Subd. 6.

Hiring or licensing authority.

"Hiring or licensing authority" deleted text beginshall
mean
deleted text end new text beginmeans:
new text end

new text begin (1) new text endthe 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. 4.

Minnesota Statutes 2012, section 364.021, is amended to read:


364.021 PUBLIC new text beginAND PRIVATE new text endEMPLOYMENT; CONSIDERATION OF
CRIMINAL RECORDS.

(a) A public new text beginor private new text endemployer may not inquire into or consider the criminal record
or criminal history of an applicant for deleted text beginpublicdeleted text end employment until the applicant has been
selected for an interview by the employer.

(b) This section does not apply to the Department of Corrections or to deleted text beginpublic
deleted text end employers who have a statutory duty to conduct a criminal history background check
or otherwise take into consideration a potential employee's criminal history during the
hiring process.

(c) This section does not prohibit deleted text begina publicdeleted text end new text beginan new text endemployer from notifying applicants
that law or the employer's policy will disqualify an individual with a particular criminal
history background from employment in particular positions.

Sec. 5.

Minnesota Statutes 2012, section 364.03, is amended to read:


364.03 RELATION OF CONVICTION TO EMPLOYMENT OR
OCCUPATION.

Subdivision 1.

No disqualification from new text beginemployment or new text endlicensed occupations.

Notwithstanding any other provision of law to the contrary, no person shall be disqualified
from deleted text beginpublicdeleted 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 beginpublicdeleted text end employment sought.

In determining if a
conviction directly relates to the position of deleted text beginpublicdeleted 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 beginpublicdeleted 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 beginpublicdeleted 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 beginpublicdeleted text end employment sought or the occupation for which the license
is sought. Sufficient evidence of rehabilitation may be established by the production of:

(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.

Sec. 6.

Minnesota Statutes 2012, 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 subdivisions
deleted text end in connection with any application
for deleted text beginpublicdeleted 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 endnew text begin;
new text end

(2) convictions which have been, pursuant to law, annulled or expungeddeleted text begin.deleted text endnew text begin; and
new text end

(3) misdemeanor convictions for which no jail sentence can be imposed.

Sec. 7.

Minnesota Statutes 2012, 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 beginpublic
deleted 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 beginpublicdeleted text end employment or
a license; and

(4) that all competent evidence of rehabilitation presented will be considered upon
reapplication.

Sec. 8.

Minnesota Statutes 2012, section 364.06, is amended to read:


364.06 VIOLATIONSdeleted text begin,deleted text endnew text begin;new text end PROCEDUREnew text begin; REMEDIESnew text end.

new text begin Subdivision 1. new text end

new text begin Public employers. new text end

Any complaints or grievances concerning
violations of sections 364.01 to 364.10 new text beginby public employers new text endshall be processed and
adjudicated in accordance with the procedures set forth in chapter 14, the Administrative
Procedure Act.

new text begin Subd. 2. new text end

new text begin Private employers. new text end

new text begin In addition to other remedies provided by law, an
individual injured by a violation of this chapter by a private employer may bring a civil
action to recover damages and obtain injunctive or equitable relief. If the court finds
that the private employer violated section 364.021, the court shall award the individual
reasonable attorney fees. For other violations of this chapter by a private employer, the
court shall award reasonable attorney fees if the court finds that the employer knowingly
or recklessly violated this chapter.
new text end

Sec. 9.

Minnesota Statutes 2012, 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 beginpublicdeleted 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 beginpublicdeleted 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 beginpublicdeleted text end employment.

Sec. 10.

Minnesota Statutes 2012, section 364.09, is amended to read:


364.09 EXCEPTIONS.

(a) This chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
protection agencies; to eligibility for a private detective or protective agent license; to the
licensing and background study process under chapters 245A and 245C; to eligibility
for school bus driver endorsements; to eligibility for special transportation service
endorsements; to eligibility for a commercial driver training instructor license, which is
governed by section 171.35 and rules adopted under that section; to emergency medical
services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
applicant for the license has been discharged from sentence for a conviction within the ten
years immediately preceding application of a violation of any of the following:

(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
subdivision 2 or 3;

(2) any provision of chapter 152 that is punishable by a maximum sentence of
15 years or more; or

(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.

This chapter also shall not apply to eligibility for juvenile corrections employment, where
the offense involved child physical or sexual abuse or criminal sexual conduct.

(b) This chapter does not apply to a school district or to eligibility for a license
issued or renewed by the Board of Teaching or the commissioner of education.

(c) Nothing in this section precludes the Minnesota Police and Peace Officers
Training Board or the state fire marshal from recommending policies set forth in this
chapter to the attorney general for adoption in the attorney general's discretion to apply to
law enforcement or fire protection agencies.

(d) This chapter does not apply to a license to practice medicine that has been denied
or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.

(e) This chapter does not apply to any person who has been denied a license to
practice chiropractic or whose license to practice chiropractic has been revoked by the
board in accordance with section 148.10, subdivision 7.

new text begin (f) This chapter does not supersede a statutory requirement to conduct a criminal
history background investigation or consider criminal history records in hiring for
particular types of employment.
new text end

Sec. 11.

Minnesota Statutes 2012, section 364.10, is amended to read:


364.10 VIOLATION OF CIVIL RIGHTS.

Violation of the rights established in sections 364.01 to 364.10 new text begin by a public employer
new text endshall constitute a violation of a person's civil rights.