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SF 523

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

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

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Current Version - 2nd Engrossment

1.1A bill for an act
1.2relating to employment; limiting reliance on criminal history for employment
1.3purposes; providing for remedies;amending Minnesota Statutes 2012, sections
1.4181.53; 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 181.53, is amended to read:
1.7181.53 CONDITIONS PRECEDENT TO EMPLOYMENT NOT REQUIRED.
1.8No person, whether acting directly or through an agent, or as the agent or employee
1.9of another, shall require as a condition precedent to employment any written statement
1.10as to the participation of the applicant in a strike, or as to a personal record, save as to
1.11conviction of a public offense, for more than one year immediately preceding the date of
1.12application therefor; nor shall any person, acting in any of the aforesaid these capacities,
1.13use or require blanks or forms of application for employment in contravention of this
1.14section. Nothing in this section precludes an employer from requesting or considering an
1.15applicant's criminal history pursuant to section 364.021 or other applicable law.

1.16    Sec. 2. Minnesota Statutes 2012, section 181.981, subdivision 1, is amended to read:
1.17    Subdivision 1. Limitation on admissibility of criminal history. Information
1.18regarding a criminal history record of an employee or former employee may not be
1.19introduced as evidence in a civil action against a private employer or its employees or
1.20agents that is based on the conduct of the employee or former employee, if:
1.21(1) the duties of the position of employment did not expose others to a greater degree
1.22of risk than that created by the employee or former employee interacting with the public
1.23outside of the duties of the position or that might be created by being employed in general;
2.1(2) before the occurrence of the act giving rise to the civil action, a court order sealed
2.2any record of the criminal case or the employee or former employee received a pardon; or
2.3(3) the record is of an arrest or charge that did not result in a criminal conviction; or
2.4(4) the action is based solely upon the employer's compliance with section 364.021.

2.5    Sec. 3. Minnesota Statutes 2012, section 364.021, is amended to read:
2.6364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF
2.7CRIMINAL RECORDS.
2.8(a) A public or private employer may not inquire into or consider or require
2.9disclosure of the criminal record or criminal history of an applicant for public employment
2.10until the applicant has been selected for an interview by the employer or, if there is not an
2.11interview, before a conditional offer of employment is made to the applicant.
2.12(b) This section does not apply to the Department of Corrections or to public
2.13 employers who have a statutory duty to conduct a criminal history background check
2.14or otherwise take into consideration a potential employee's criminal history during the
2.15hiring process.
2.16(c) This section does not prohibit a public an employer from notifying applicants
2.17that law or the employer's policy will disqualify an individual with a particular criminal
2.18history background from employment in particular positions.

2.19    Sec. 4. Minnesota Statutes 2012, section 364.06, is amended to read:
2.20364.06 VIOLATIONS,; PROCEDURE; REMEDIES.
2.21    Subdivision 1. Public employers. Any complaints or grievances concerning
2.22violations of sections 364.01 to 364.10 by public employers shall be processed and
2.23adjudicated in accordance with the procedures set forth in chapter 14, the Administrative
2.24Procedure Act.
2.25    Subd. 2. Private employers. (a) The commissioner of human rights shall
2.26investigate violations of section 364.021 by a private employer. If the commissioner
2.27finds that a violation has occurred, the commissioner may impose penalties as provided
2.28in paragraphs (b) and (c).
2.29(b) For violations that occur before January 1, 2015, the penalties are as follows:
2.30(1) for the first violation, the commissioner shall issue a written warning to the
2.31employer that includes a notice regarding the penalties for subsequent violations;
2.32(2) if a first violation is not remedied within 30 days of the issuance of a warning
2.33under clause (1), the commissioner may impose up to a $500 fine; and
3.1(3) subsequent violations before January 1, 2015, are subject to a fine of up to $500
3.2per violation, not to exceed $500 in a calendar month.
3.3(c) For violations that occur after December 31, 2014, the penalties are as follows:
3.4(1) for employers that employ ten or fewer persons at a site in this state, the penalty
3.5is up to $100 for each violation, not to exceed $100 in a calendar month;
3.6(2) for employers that employ 11 to 20 persons at a site in this state, the penalty is up
3.7to $500 for each violation, not to exceed $500 in a calendar month; and
3.8(3) for employers that employ more than 20 persons at one or more sites in this state,
3.9the penalty is up to $500 for each violation, not to exceed $2,000 in a calendar month.
3.10(d) The remedies under this subdivision are exclusive. A private employer is not
3.11otherwise liable for complying with or failing to comply with section 364.021.

3.12    Sec. 5. Minnesota Statutes 2012, section 364.09, is amended to read:
3.13364.09 EXCEPTIONS.
3.14(a) This chapter does not apply to the licensing process for peace officers; to law
3.15enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
3.16protection agencies; to eligibility for a private detective or protective agent license; to the
3.17licensing and background study process under chapters 245A and 245C; to eligibility
3.18for school bus driver endorsements; to eligibility for special transportation service
3.19endorsements; to eligibility for a commercial driver training instructor license, which is
3.20governed by section 171.35 and rules adopted under that section; to emergency medical
3.21services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
3.22applicant for the license has been discharged from sentence for a conviction within the ten
3.23years immediately preceding application of a violation of any of the following:
3.24(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
3.25subdivision 2 or 3;
3.26(2) any provision of chapter 152 that is punishable by a maximum sentence of
3.2715 years or more; or
3.28(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
3.29the scene of an accident, or reckless or careless driving.
3.30This chapter also shall not apply to eligibility for juvenile corrections employment, where
3.31the offense involved child physical or sexual abuse or criminal sexual conduct.
3.32(b) This chapter does not apply to a school district or to eligibility for a license
3.33issued or renewed by the Board of Teaching or the commissioner of education.
3.34(c) Nothing in this section precludes the Minnesota Police and Peace Officers
3.35Training Board or the state fire marshal from recommending policies set forth in this
4.1chapter to the attorney general for adoption in the attorney general's discretion to apply to
4.2law enforcement or fire protection agencies.
4.3(d) This chapter does not apply to a license to practice medicine that has been denied
4.4or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
4.5(e) This chapter does not apply to any person who has been denied a license to
4.6practice chiropractic or whose license to practice chiropractic has been revoked by the
4.7board in accordance with section 148.10, subdivision 7.
4.8(f) This chapter does not supersede a requirement under law to conduct a criminal
4.9history background investigation or consider criminal history records in hiring for
4.10particular types of employment.

4.11    Sec. 6. Minnesota Statutes 2012, section 364.10, is amended to read:
4.12364.10 VIOLATION OF CIVIL RIGHTS.
4.13Violation of the rights established in sections 364.01 to 364.10 by a public employer
4.14shall constitute a violation of a person's civil rights.

4.15    Sec. 7. EFFECTIVE DATE.
4.16This act is effective January 1, 2014.

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