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Minnesota Legislature

Office of the Revisor of Statutes

SF 523

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/17/2013 02:14pm

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

Current Version - 2nd Engrossment

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A bill for an act
relating to employment; limiting reliance on criminal history for employment
purposes; providing for remedies;amending Minnesota Statutes 2012, sections
181.53; 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 181.53, is amended to read:


181.53 CONDITIONS PRECEDENT TO EMPLOYMENT NOT REQUIRED.

No person, whether acting directly or through an agent, or as the agent or employee
of another, shall require as a condition precedent to employment any written statement
as to the participation of the applicant in a strike, or as to a personal record, deleted text beginsave as to
conviction of a public offense,
deleted text end for more than one year immediately preceding the date of
application deleted text begintherefordeleted text end; nor shall any person, acting in any of deleted text beginthe aforesaiddeleted text end new text beginthese new text endcapacities,
use or require blanks or forms of application for employment in contravention of this
section. new text beginNothing in this section precludes an employer from requesting or considering an
applicant's criminal history pursuant to section 364.021 or other applicable law.
new text end

Sec. 2.

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 section 364.021new text end.

Sec. 3.

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 new text beginor require
disclosure of
new text end 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 employernew text begin or, if there is not an
interview, before a conditional offer of employment is made to the applicant
new text end.

(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. 4.

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 (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).
new text end

new text begin (b) For violations that occur before January 1, 2015, the penalties are as follows:
new text end

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

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

new text begin (3) subsequent violations before January 1, 2015, are subject to a fine of up to $500
per violation, not to exceed $500 in a calendar month.
new text end

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

new text begin (1) for employers that employ ten or fewer persons at a site in this state, the penalty
is up to $100 for each violation, not to exceed $100 in a calendar month;
new text end

new text begin (2) for employers that employ 11 to 20 persons at a site in this state, the penalty is up
to $500 for each violation, not to exceed $500 in a calendar month; and
new text end

new text begin (3) for employers that employ more than 20 persons at one or more sites in this state,
the penalty is up to $500 for each violation, not to exceed $2,000 in a calendar month.
new text end

new text begin (d) The remedies under this subdivision are exclusive. A private employer is not
otherwise liable for complying with or failing to comply with section 364.021.
new text end

Sec. 5.

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 requirement under law to conduct a criminal
history background investigation or consider criminal history records in hiring for
particular types of employment.
new text end

Sec. 6.

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 beginby a public employer
new text endshall constitute a violation of a person's civil rights.

Sec. 7. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective January 1, 2014.
new text end