SF 98

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to public safety; requiring owners of 
  1.3             residential rental buildings to request criminal 
  1.4             background checks of managers; prohibiting owners from 
  1.5             hiring or continuing to employ certain individuals as 
  1.6             managers and requiring notices; requiring the 
  1.7             superintendent of the bureau of criminal apprehension 
  1.8             to assist in the performance of the background checks; 
  1.9             imposing penalties; proposing coding for new law in 
  1.10            Minnesota Statutes, chapter 299C. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [299C.66] [CITATION.] 
  1.13     Sections 299C.66 to 299C.71 may be cited as the "Kari 
  1.14  Koskinen manager background check act." 
  1.15     Sec. 2.  [299C.67] [DEFINITIONS.] 
  1.16     Subdivision 1.  [TERMS.] The definitions in this section 
  1.17  apply to sections 299C.66 to 299C.71. 
  1.18     Subd. 2.  [BACKGROUND CHECK CRIME.] "Background check crime"
  1.19  means: 
  1.20     (a)(1) a felony violation of section 609.185 (first degree 
  1.21  murder); 609.19 (second degree murder); 609.20 (first degree 
  1.22  manslaughter); 609.221 (first degree assault); 609.222 (second 
  1.23  degree assault); 609.223 (third degree assault); 609.25 
  1.24  (kidnapping); 609.342 (first degree criminal sexual conduct); 
  1.25  609.343 (second degree criminal sexual conduct); 609.344 (third 
  1.26  degree criminal sexual conduct); 609.345 (fourth degree criminal 
  1.27  sexual conduct); 609.561 (first degree arson); or 609.749 
  1.28  (harassment and stalking); 
  2.1      (2) an attempt to commit a crime in clause (1); or 
  2.2      (3) a conviction for a crime in another jurisdiction that 
  2.3   would be a violation under clause (1) or an attempt under clause 
  2.4   (1) in this state; or 
  2.5      (b)(1) a felony violation of section 609.195 (third degree 
  2.6   murder); 609.205 (second degree manslaughter); 609.21 (criminal 
  2.7   vehicular homicide and injury); 609.2231 (fourth degree 
  2.8   assault); 609.224 (fifth degree assault); 609.24 (simple 
  2.9   robbery); 609.245 (aggravated robbery); 609.255 (false 
  2.10  imprisonment); 609.52 (theft); 609.582, subdivision 1 or 2 
  2.11  (burglary); 609.713 (terroristic threats); or a nonfelony 
  2.12  violation of section 609.749 (harassment and stalking); 
  2.13     (2) an attempt to commit a crime in clause (1); or 
  2.14     (3) a conviction for a crime in another jurisdiction that 
  2.15  would be a violation under clause (1) or an attempt under clause 
  2.16  (1) in this state. 
  2.17     Subd. 3.  [CJIS.] "CJIS" means the Minnesota criminal 
  2.18  justice information system. 
  2.19     Subd. 4.  [MANAGER.] "Manager" means an individual who is 
  2.20  hired or is applying to be hired by an owner and who has or 
  2.21  would have the means, within the scope of the individual's 
  2.22  duties, to enter tenants' dwelling units.  "Manager" does not 
  2.23  include a person who is hired on a casual basis and not in the 
  2.24  ongoing course of the business of the owner. 
  2.25     Subd. 5.  [OWNER.] "Owner" has the meaning given in section 
  2.26  566.18, subdivision 3.  However, "owner" does not include a 
  2.27  person who owns, operates, or is in control of a health care 
  2.28  facility or a home health agency licensed by the commissioner of 
  2.29  health or human services under chapter 144, 144A, or 245A.  
  2.30     Subd. 6.  [SUPERINTENDENT.] "Superintendent" means the 
  2.31  superintendent of the bureau of criminal apprehension. 
  2.32     Subd. 7.  [TENANT.] "Tenant" has the meaning given in 
  2.33  section 566.18, subdivision 2. 
  2.34     Sec. 3.  [299C.68] [BACKGROUND CHECKS ON MANAGERS.] 
  2.35     Subdivision 1.  [WHEN REQUIRED.] Before hiring a manager, 
  2.36  an owner shall request the superintendent to conduct a 
  3.1   background check under this section.  An owner may employ a 
  3.2   manager after requesting a background check under this section 
  3.3   before receipt of the background check report, provided that the 
  3.4   owner complies with section 299C.69.  An owner may request a 
  3.5   background check for a currently employed manager under this 
  3.6   section.  By August 1, 1996, an owner shall request the 
  3.7   superintendent to conduct a background check under this section 
  3.8   for managers hired before August 1, 1995, who are currently 
  3.9   employed. 
  3.10     Subd. 2.  [PROCEDURES.] The superintendent shall develop 
  3.11  procedures to enable an owner to request a background check to 
  3.12  determine whether a manager is the subject of a reported 
  3.13  conviction for a background check crime.  The superintendent 
  3.14  shall perform the background check by retrieving and reviewing 
  3.15  data on background check crimes maintained in the CJIS 
  3.16  computers.  If the manager has resided in Minnesota for less 
  3.17  than five years or upon request of the owner, the superintendent 
  3.18  shall also conduct a search of the national criminal records 
  3.19  repository, including the criminal justice data communications 
  3.20  network.  The superintendent is authorized to exchange 
  3.21  fingerprints with the Federal Bureau of Investigation for 
  3.22  purposes of the criminal history check.  The superintendent 
  3.23  shall recover the cost of a background check through a fee 
  3.24  charged to the owner. 
  3.25     Subd. 3.  [FORM.] The superintendent shall develop a 
  3.26  standardized form to be used for requesting a background check, 
  3.27  which must include: 
  3.28     (1) a notification to the manager that the owner will 
  3.29  request the superintendent to perform a background check under 
  3.30  this section; 
  3.31     (2) a notification to the manager of the manager's rights 
  3.32  under subdivision 4; and 
  3.33     (3) a signed consent by the manager to conduct the 
  3.34  background check. 
  3.35     If the manager has resided in Minnesota for less than five 
  3.36  years, or if the owner is requesting a search of the national 
  4.1   criminal records repository, the form must be accompanied by the 
  4.2   fingerprints of the manager on whom the background check is to 
  4.3   be performed. 
  4.4      Subd. 4.  [MANAGER'S RIGHTS.] (a) The owner shall notify 
  4.5   the manager of the manager's rights under paragraph (b). 
  4.6      (b) A manager who is the subject of a background check 
  4.7   request has the following rights: 
  4.8      (1) the right to be informed that the owner will request a 
  4.9   background check on the manager to determine whether the manager 
  4.10  has been convicted of a crime specified in section 299C.67, 
  4.11  subdivision 2; 
  4.12     (2) the right to be informed by the owner of the 
  4.13  superintendent's response to the background check and to obtain 
  4.14  from the owner a copy of the background check report; 
  4.15     (3) the right to obtain from the superintendent any record 
  4.16  that forms the basis for the report; 
  4.17     (4) the right to challenge the accuracy and completeness of 
  4.18  information contained in the report or record under section 
  4.19  13.04, subdivision 4; and 
  4.20     (5) the right to be informed by the owner if the manager's 
  4.21  application to be employed by the owner or to continue as an 
  4.22  employee has been denied because of the result of the background 
  4.23  check. 
  4.24     Subd. 5.  [RESPONSE OF BUREAU.] The superintendent shall 
  4.25  respond to a background check request within a reasonable time 
  4.26  not to exceed ten working days after receiving the signed form 
  4.27  under subdivision 3.  If a search is being done of the national 
  4.28  criminal records repository and that portion of the background 
  4.29  check is not completed, the superintendent shall notify the 
  4.30  owner that the background check is not complete and shall 
  4.31  provide that portion of the background check to the owner as 
  4.32  soon as it is available.  The superintendent's response must 
  4.33  indicate whether the manager has ever been convicted of a 
  4.34  background check crime and, if so, a description of the crime, 
  4.35  date and jurisdiction of conviction, and date of discharge of 
  4.36  the sentence. 
  5.1      Subd. 6.  [EQUIVALENT BACKGROUND CHECK.] (a) An owner may 
  5.2   satisfy the requirements of this section by obtaining a 
  5.3   background check from a private business or a local law 
  5.4   enforcement agency rather than the superintendent if the scope 
  5.5   of the background check provided by the private business or 
  5.6   local law enforcement agency is at least as broad as that of a 
  5.7   background check performed by the superintendent and the 
  5.8   response to the background check request occurs within a 
  5.9   reasonable time not to exceed ten working days after receiving 
  5.10  the signed form described in subdivision 3.  Local law 
  5.11  enforcement agencies may access the criminal justice data 
  5.12  network to perform the background check. 
  5.13     (b) A private business or local law enforcement agency 
  5.14  providing a background check under this section must use a 
  5.15  notification form similar to the form described in subdivision 
  5.16  3, except that the notification form must indicate that the 
  5.17  background check will be performed by the private business or 
  5.18  local law enforcement agency using records of the superintendent 
  5.19  and other data sources. 
  5.20     Sec. 4.  [299C.69] [OWNER DUTIES IF MANAGER CONVICTED OF 
  5.21  BACKGROUND CHECK CRIME.] 
  5.22     (a) If the superintendent's response indicates that the 
  5.23  manager has been convicted of a background check crime defined 
  5.24  in section 299C.67, subdivision 2, paragraph (a), the owner may 
  5.25  not hire the manager or, if the manager was hired pending 
  5.26  completion of the background check, shall terminate the 
  5.27  manager's employment.  Except as provided in paragraph (c), if 
  5.28  an owner otherwise knows that a manager has been convicted of a 
  5.29  background check crime defined in section 299C.67, subdivision 
  5.30  2, paragraph (a), the owner shall terminate the manager's 
  5.31  employment. 
  5.32     (b) If the superintendent's response indicates that the 
  5.33  manager has been convicted of a background check crime defined 
  5.34  in section 299C.67, subdivision 2, paragraph (b), the owner may 
  5.35  not hire the manager unless more than ten years have elapsed 
  5.36  since the date of discharge of the sentence.  If the manager was 
  6.1   hired pending completion of the background check, the owner 
  6.2   shall terminate the manager's employment unless more than ten 
  6.3   years have elapsed since the date of discharge of the sentence.  
  6.4   Except as provided in paragraph (c), if an owner otherwise knows 
  6.5   that a manager has been convicted of a background check crime 
  6.6   defined in section 299C.67, subdivision 2, paragraph (b), the 
  6.7   owner shall terminate the manager's employment unless more than 
  6.8   ten years have elapsed since the date of discharge of the 
  6.9   sentence. 
  6.10     (c) If an owner knows that a manager hired before August 1, 
  6.11  1995, was convicted of a background check crime for an offense 
  6.12  committed before August 1, 1995, the owner may continue to 
  6.13  employ the manager.  However, the owner shall notify all tenants 
  6.14  and prospective tenants whose dwelling units would be accessible 
  6.15  to the manager of the crime for which the manager has been 
  6.16  convicted and of the right of a current tenant to terminate the 
  6.17  tenancy under this paragraph, if the manager was convicted of a 
  6.18  background check crime defined in: 
  6.19     (1) section 299C.67, subdivision 2, paragraph (a); or 
  6.20     (2) section 299C.67, subdivision 2, paragraph (b), unless 
  6.21  more than ten years have elapsed since the sentence was 
  6.22  discharged. 
  6.23     Notwithstanding a lease provision to the contrary, a 
  6.24  current tenant who receives a notice under this paragraph may 
  6.25  terminate the tenancy within 60 days of receipt of the notice by 
  6.26  giving the owner at least 14 days' advance notice of the 
  6.27  termination date. 
  6.28     (d) The owner shall notify the manager of any action taken 
  6.29  under this subdivision. 
  6.30     (e) If an owner is required to terminate a manager's 
  6.31  employment under paragraph (a) or (b), or terminates a manager's 
  6.32  employment in lieu of notifying tenants under paragraph (c), the 
  6.33  owner is not liable under any law, contract, or agreement, 
  6.34  including liability for unemployment compensation claims, for 
  6.35  terminating the manager's employment in accordance with this 
  6.36  section.  Notwithstanding a lease or agreement governing 
  7.1   termination of the tenancy, if the manager whose employment is 
  7.2   terminated is also a tenant, the owner may terminate the tenancy 
  7.3   immediately upon giving notice to the manager.  An unlawful 
  7.4   detainer action to enforce the termination of the tenancy must 
  7.5   be treated as a priority writ under sections 566.05, 566.07, 
  7.6   566.09, subdivision 1, 566.16, subdivision 2, and 566.17, 
  7.7   subdivision 1a. 
  7.8      Sec. 5.  [299C.70] [PENALTY.] 
  7.9      An owner who knowingly fails to comply with the 
  7.10  requirements of section 299C.68 or 299C.69 is guilty of a 
  7.11  misdemeanor. 
  7.12     Sec. 6.  [299C.71] [BUREAU OF CRIMINAL APPREHENSION 
  7.13  IMMUNITY.] 
  7.14     The bureau of criminal apprehension is immune from any 
  7.15  civil or criminal liability that might otherwise arise under 
  7.16  section 299C.68, based on the accuracy or completeness of 
  7.17  records it receives from the Federal Bureau of Investigation, if 
  7.18  the bureau acts in good faith.