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HF 690

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

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A bill for an act
relating to employment; limiting reliance on criminal history for employment
purposes; providing for remedies; imposing penalties;amending Minnesota
Statutes 2012, sections 181.981, subdivision 1; 364.021; 364.06; 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; or

(3) the record is of an arrest or charge that did not result in a criminal conviction; or

(4) the action is based solely upon the employer's compliance with section 364.021.

Sec. 2.

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


364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF
CRIMINAL RECORDS.

(a) A public or private employer may not inquire into or consider the criminal record
or criminal history of an applicant for public 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 public
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 a public an employer 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. 3.

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


364.06 VIOLATIONS,; PROCEDURE; REMEDIES.

Subdivision 1.

Public employers.

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

Subd. 2.

Private employers.

(a) The commissioner of human rights shall
investigate violations of section 364.021 by a private employer. If the commissioner
finds that a violation has occurred, the commissioner may impose penalties as provided
in paragraphs (b) and (c).

(b) For violations that occur prior to January 1, 2015, the penalties are as follows:

(1) for the first violation, the commissioner shall issue a written warning to the
employer that includes notice regarding penalties for subsequent violations;

(2) if a first violation is not remedied within 30 days of the issuance of a warning
under clause (1) the commissioner may impose a $500 fine; and

(3) any subsequent violations prior to January 1, 2015, are subject to a fine of $500
per violation, not to exceed $500 in a calendar month.

(c) For violations that occur after December 31, 2014, the penalties are as follows:

(1) for employers that employ fewer than 21 persons at at least one site, the penalty
is $500 for each violation, not to exceed $500 in a calendar month; and

(2) for employers that employ at least 21 persons at at least one site, the penalty is
$500 for each violation, not to exceed $2,000 in a calendar month.

Sec. 4.

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.

(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.

Sec. 5.

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 by a public employer
shall constitute a violation of a person's civil rights.

Sec. 6. EFFECTIVE DATE.

This act is effective January 1, 2014.

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