Minnesota Legislature
SF 1704
1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 11/09/2021 01:10pm
Current Version - 1st Engrossment
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A bill for an act
relating to public safety; modifying Minnesota Child Protection Background Check
Act to conform with federal law and inclusion of elderly and individuals with a
disability; extending criminal history check to certain licensees and county or city
employees and volunteers; amending Minnesota Statutes 2020, sections 299C.60;
299C.61, subdivisions 2, 4, by adding subdivisions; 299C.62, subdivisions 1, 2,
3, 4, 6; 299C.63; 299C.72.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 299C.60, is amended to read:
299C.60 CITATION.
Sections 299C.60 to 299C.64 may be cited as the "Minnesota Child, Elder, and
Individuals with Disabilities Protection Background Check Act."
Sec. 2.
Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:
Subd. 1a.
Authorized agency.
"Authorized agency" means the licensing agency or, if
one does not exist, the Bureau of Criminal Apprehension. Licensing agencies include but
are not limited to the:
(1) Minnesota Department of Human Services;
(2) Minnesota Department of Health; and
(3) Professional Educator Licensing and Standards Board.
Sec. 3.
Minnesota Statutes 2020, section 299C.61, subdivision 2, is amended to read:
Subd. 2.
Background check crime.
"Background check crime" includes child abuse
crimes, murder, manslaughter, felony level assault or any assault crime committed against
a minor or vulnerable adult, kidnapping, arson, criminal sexual conduct, and
prostitution-related crimes.
Sec. 4.
Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:
Subd. 2a.
Care.
"Care" means the provision of care, treatment, education, training,
instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.
Sec. 5.
Minnesota Statutes 2020, section 299C.61, subdivision 4, is amended to read:
Subd. 4.
Child abuse crime.
"Child abuse crime" means:
(1) an act committed against a minor victim that constitutes a violation of section 609.185,
paragraph (a), clause (5); 609.221; 609.222; 609.223; 609.224; 609.2242; 609.322; 609.324;
609.342; 609.343; 609.344; 609.345; 609.352; 609.377; or 609.378; 617.246; or 617.247;
or
(2) a violation of section 152.021, subdivision 1, clause (4); 152.022, subdivision 1,
clause (5) or (6); 152.023, subdivision 1, clause (3) or (4); 152.023, subdivision 2, clause
(4) or (6); or 152.024, subdivision 1, clause (2), (3), or (4).
Sec. 6.
Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:
Subd. 8b.
Covered individual.
"Covered individual" means an individual:
(1) who has, seeks to have, or may have access to children, the elderly, or individuals
with disabilities, served by a qualified entity; and
(2) who:
(i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a
qualified entity; or
(ii) owns or operates, or seeks to own or operate, a qualified entity.
Sec. 7.
Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:
Subd. 8c.
Individuals with disabilities.
"Individuals with disabilities" means persons
with a mental or physical impairment who require assistance to perform one or more daily
living tasks.
Sec. 8.
Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:
Subd. 8d.
National criminal history background check system.
"National criminal
history background check system" means the criminal history record system maintained by
the Federal Bureau of Investigation based on fingerprint identification or any other method
of positive identification.
Sec. 9.
Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:
Subd. 8e.
Qualified entity.
"Qualified entity" means a business or organization, whether
public, private, for-profit, not-for-profit, or voluntary, that provides care or care placement
services, including a business or organization that licenses or certifies others to provide care
or care placement services.
Sec. 10.
Minnesota Statutes 2020, section 299C.62, subdivision 1, is amended to read:
Subdivision 1.
Generally.
The superintendent shall develop procedures in accordance
with United States Code, title 34, section 40102, to enable a children's service provider
qualified entity to request a background check to determine whether a children's service
worker covered worker is the subject of any reported conviction for a background check
crime. The superintendent shall perform the background check by retrieving and reviewing
data on background check crimes. The superintendent is authorized to exchange fingerprints
with the Federal Bureau of Investigation for purposes of a criminal history the background
check. The superintendent shall recover the cost of a background check through a fee charged
the children's service provider to the qualified entity and make reasonable efforts to respond
to the inquiry within 15 business days.
Sec. 11.
Minnesota Statutes 2020, section 299C.62, subdivision 2, is amended to read:
Subd. 2.
Background check; requirements.
(a) The superintendent may not perform
a background check under this section unless the children's service provider submits a
written document, signed by the children's service worker on whom the background check
is to be performed, containing the following:
(1) a question asking whether the children's service worker has ever been convicted of
a background check crime and if so, requiring a description of the crime and the particulars
of the conviction;
(2) a notification to the children's service worker that the children's service provider will
request the superintendent to perform a background check under this section; and
(3) a notification to the children's service worker of the children's service worker's rights
under subdivision 3.
(b) Background checks performed under this section may only be requested by and
provided to authorized representatives of a children's service provider who have a need to
know the information and may be used only for the purposes of sections 299C.60 to 299C.64.
Background checks may be performed pursuant to this section not later than one year after
the document is submitted under this section.
The superintendent may not perform a background check of a covered individual under
this section unless the covered individual:
(1) completes and signs a statement that:
(i) contains the name, address, and date of birth appearing on a valid identification
document, as defined in United States Code, title 18, section 1028, of the covered individual;
(ii) the covered individual has not been convicted of a crime and, if the covered individual
has been convicted of a crime, contains a description of the crime and the particulars of the
conviction;
(iii) notifies the covered individual that the entity may request a background check under
subdivision 1;
(iv) notifies the covered individual of the covered individual's rights under subdivision
3; and
(v) notifies the covered individual that prior to the completion of the background check
the qualified entity may choose to deny the covered individual access to a person to whom
the qualified entity provides care; and
(2) if requesting a national criminal history background check, provides a set of
fingerprints.
Sec. 12.
Minnesota Statutes 2020, section 299C.62, subdivision 3, is amended to read:
Subd. 3.
Children's service worker Covered individuals rights.
(a) The children's
service provider shall notify the children's service worker of the children's service worker's
rights under paragraph (b).
(b) A children's service worker who is the subject of a background check request has
the following rights:
(1) the right to be informed that a children's service provider will request a background
check on the children's service worker:
(i) for purposes of the children's service worker's application to be employed by, volunteer
with, be an independent contractor for, or be an owner of a children's service provider or
for purposes of continuing as an employee, volunteer, independent contractor, or owner;
and
(ii) to determine whether the children's service worker has been convicted of any crime
specified in section 299C.61, subdivision 2 or 4;
(2) the right to be informed by the children's service provider of the superintendent's
response to the background check and to obtain from the children's service provider a copy
of the background check report;
(3) the right to obtain from the superintendent any record that forms the basis for the
report;
(4) the right to challenge the accuracy and completeness of any information contained
in the report or record pursuant to section 13.04, subdivision 4;
(5) the right to be informed by the children's service provider if the children's service
worker's application to be employed with, volunteer with, be an independent contractor for,
or be an owner of a children's service provider, or to continue as an employee, volunteer,
independent contractor, or owner, has been denied because of the superintendent's response;
and
(6) the right not to be required directly or indirectly to pay the cost of the background
check.
The qualified entity shall notify the covered individual who is subjected to a background
check under subdivision 1 that the individual has the right to:
(1) obtain a copy of any background check report;
(2) challenge the accuracy or completeness of the information contained in the background
report or record pursuant to section 13.04, subdivision 4, or applicable federal authority;
and
(3) be given notice of the opportunity to appeal and instructions on how to complete the
appeals process.
Sec. 13.
Minnesota Statutes 2020, section 299C.62, subdivision 4, is amended to read:
Subd. 4.
Response of bureau.
The superintendent shall respond to a background check
request within a reasonable time after receiving a request from a qualified entity or the
signed, written document described in subdivision 2. The superintendent shall provide the
children's service provider qualified entity with a copy of the applicant's covered individual's
criminal record or a statement that the applicant covered individual is not the subject of a
criminal history record at the bureau. It is the responsibility of the service provider qualified
entity to determine if the applicant covered individual qualifies as an employee, volunteer,
or independent contractor under this section.
Sec. 14.
Minnesota Statutes 2020, section 299C.62, subdivision 6, is amended to read:
Sec. 15.
Minnesota Statutes 2020, section 299C.63, is amended to read:
299C.63 EXCEPTION; OTHER LAWS.
The superintendent is not required to respond to a background check request concerning
a children's service worker covered individual who, as a condition of occupational licensure
or employment, is subject to the background study requirements imposed by any statute or
rule other than sections 299C.60 to 299C.64. A background check performed on a licensee,
license applicant, or employment applicant under this section does not satisfy the
requirements of any statute or rule other than sections 299C.60 to 299C.64, that provides
for background study of members of an individual's particular occupation.
Sec. 16.
Minnesota Statutes 2020, section 299C.72, is amended to read:
299C.72 MINNESOTA CRIMINAL HISTORY CHECKS.
Subdivision 1.
Definitions.
For purposes of this section, the following terms have the
meanings given.
(a) "Applicant for employment" means an individual who seeks either county or city
employment or has applied to serve as a volunteer in the county or city.
(b) "Applicant for licensure" means the individual seeks a license issued by the county
or city which is not subject to a federal- or state-mandated background check.
(c) "Authorized law enforcement agency" means the county sheriff for checks conducted
for county purposes, the police department for checks conducted for city purposes, or the
county sheriff for checks conducted for city purposes where there is no police department.
(d) "Criminal history check" means retrieval of criminal history data via the secure
network described in section 299C.46.
(e) "Criminal history data" means adult convictions and adult open arrests less than one
year old found in the Minnesota computerized criminal history repository.
(f) "Current employee" means an individual presently employed by either a county or
city or who presently serves as a volunteer in the county or city.
(g) "Current licensee" means an individual who has previously sought and received a
license, which is still presently valid, issued by a county or city.
(f) (h) "Informed consent" has the meaning given in section 13.05, subdivision 4,
paragraph (d).
Subd. 2.
Criminal history check authorized.
(a) The criminal history check authorized
by this section shall not be used in place of a statutorily mandated or authorized background
check.
(b) An authorized law enforcement agency may conduct a criminal history check of an
individual who is an applicant for employment or, current employee, applicant for licensure,
or current licensee. Prior to conducting the criminal history check, the authorized law
enforcement agency must receive the informed consent of the individual.
(c) The authorized law enforcement agency shall not disseminate criminal history data
and must maintain it securely with the agency's office. The authorized law enforcement
agency can indicate whether the applicant for employment or applicant for licensure has a
criminal history that would prevent hire, acceptance as a volunteer to a hiring authority, or
would prevent the issuance of a license to the department that issues the license.