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HF 690

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/18/2013 07:44pm

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

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1.1A bill for an act
1.2relating to employment; limiting reliance on criminal history for employment
1.3purposes; providing for remedies; imposing penalties;amending Minnesota
1.4Statutes 2012, sections 181.981, subdivision 1; 364.021; 364.06; 364.09; 364.10.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2012, section 181.981, subdivision 1, is amended to read:
1.7    Subdivision 1. Limitation on admissibility of criminal history. Information
1.8regarding a criminal history record of an employee or former employee may not be
1.9introduced as evidence in a civil action against a private employer or its employees or
1.10agents that is based on the conduct of the employee or former employee, if:
1.11(1) the duties of the position of employment did not expose others to a greater degree
1.12of risk than that created by the employee or former employee interacting with the public
1.13outside of the duties of the position or that might be created by being employed in general;
1.14(2) before the occurrence of the act giving rise to the civil action, a court order sealed
1.15any record of the criminal case or the employee or former employee received a pardon; or
1.16(3) the record is of an arrest or charge that did not result in a criminal conviction; or
1.17(4) the action is based solely upon the employer's compliance with section 364.021.

1.18    Sec. 2. Minnesota Statutes 2012, section 364.021, is amended to read:
1.19364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF
1.20CRIMINAL RECORDS.
1.21(a) A public or private employer may not inquire into or consider the criminal record
1.22or criminal history of an applicant for public employment until the applicant has been
1.23selected for an interview by the employer.
2.1(b) This section does not apply to the Department of Corrections or to public
2.2 employers who have a statutory duty to conduct a criminal history background check
2.3or otherwise take into consideration a potential employee's criminal history during the
2.4hiring process.
2.5(c) This section does not prohibit a public an employer from notifying applicants
2.6that law or the employer's policy will disqualify an individual with a particular criminal
2.7history background from employment in particular positions.

2.8    Sec. 3. Minnesota Statutes 2012, section 364.06, is amended to read:
2.9364.06 VIOLATIONS,; PROCEDURE; REMEDIES.
2.10    Subdivision 1. Public employers. Any complaints or grievances concerning
2.11violations of sections 364.01 to 364.10 by public employers shall be processed and
2.12adjudicated in accordance with the procedures set forth in chapter 14, the Administrative
2.13Procedure Act.
2.14    Subd. 2. Private employers. (a) The commissioner of human rights shall
2.15investigate violations of section 364.021 by a private employer. If the commissioner
2.16finds that a violation has occurred, the commissioner may impose penalties as provided
2.17in paragraphs (b) and (c).
2.18(b) For violations that occur prior to January 1, 2015, the penalties are as follows:
2.19(1) for the first violation, the commissioner shall issue a written warning to the
2.20employer that includes notice regarding penalties for subsequent violations;
2.21(2) if a first violation is not remedied within 30 days of the issuance of a warning
2.22under clause (1) the commissioner may impose a $500 fine; and
2.23(3) any subsequent violations prior to January 1, 2015, are subject to a fine of $500
2.24per violation, not to exceed $500 in a calendar month.
2.25(c) For violations that occur after December 31, 2014, the penalties are as follows:
2.26(1) for employers that employ fewer than 21 persons at at least one site, the penalty
2.27is $500 for each violation, not to exceed $500 in a calendar month; and
2.28(2) for employers that employ at least 21 persons at at least one site, the penalty is
2.29$500 for each violation, not to exceed $2,000 in a calendar month.

2.30    Sec. 4. Minnesota Statutes 2012, section 364.09, is amended to read:
2.31364.09 EXCEPTIONS.
2.32(a) This chapter does not apply to the licensing process for peace officers; to law
2.33enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
2.34protection agencies; to eligibility for a private detective or protective agent license; to the
3.1licensing and background study process under chapters 245A and 245C; to eligibility
3.2for school bus driver endorsements; to eligibility for special transportation service
3.3endorsements; to eligibility for a commercial driver training instructor license, which is
3.4governed by section 171.35 and rules adopted under that section; to emergency medical
3.5services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
3.6applicant for the license has been discharged from sentence for a conviction within the ten
3.7years immediately preceding application of a violation of any of the following:
3.8(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
3.9subdivision 2 or 3;
3.10(2) any provision of chapter 152 that is punishable by a maximum sentence of
3.1115 years or more; or
3.12(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
3.13the scene of an accident, or reckless or careless driving.
3.14This chapter also shall not apply to eligibility for juvenile corrections employment, where
3.15the offense involved child physical or sexual abuse or criminal sexual conduct.
3.16(b) This chapter does not apply to a school district or to eligibility for a license
3.17issued or renewed by the Board of Teaching or the commissioner of education.
3.18(c) Nothing in this section precludes the Minnesota Police and Peace Officers
3.19Training Board or the state fire marshal from recommending policies set forth in this
3.20chapter to the attorney general for adoption in the attorney general's discretion to apply to
3.21law enforcement or fire protection agencies.
3.22(d) This chapter does not apply to a license to practice medicine that has been denied
3.23or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
3.24(e) This chapter does not apply to any person who has been denied a license to
3.25practice chiropractic or whose license to practice chiropractic has been revoked by the
3.26board in accordance with section 148.10, subdivision 7.
3.27(f) This chapter does not supersede a statutory requirement to conduct a criminal
3.28history background investigation or consider criminal history records in hiring for
3.29particular types of employment.

3.30    Sec. 5. Minnesota Statutes 2012, section 364.10, is amended to read:
3.31364.10 VIOLATION OF CIVIL RIGHTS.
3.32Violation of the rights established in sections 364.01 to 364.10 by a public employer
3.33shall constitute a violation of a person's civil rights.

3.34    Sec. 6. EFFECTIVE DATE.
4.1This act is effective January 1, 2014.

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