SF 2079

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; authorizing release of sex 
  1.3             offender registration data to promote public safety; 
  1.4             requiring property owners convicted of background 
  1.5             check crimes to notify tenants; amending Minnesota 
  1.6             Statutes 1996, sections 243.166, subdivision 7; and 
  1.7             299C.69. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 243.166, 
  1.10  subdivision 7, is amended to read: 
  1.11     Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
  1.12  provided in section 244.052, the information provided under this 
  1.13  section is private data on individuals under section 13.01, 
  1.14  subdivision 12.  The information may be used only for law 
  1.15  enforcement purposes and may be released to the extent a law 
  1.16  enforcement agency determines that access will aid the law 
  1.17  enforcement process or promote public safety.  
  1.18     Sec. 2.  Minnesota Statutes 1996, section 299C.69, is 
  1.19  amended to read: 
  1.20     299C.69 [OWNER DUTIES IF MANAGER CONVICTED OF BACKGROUND 
  1.21  CHECK CRIME.] 
  1.22     Subdivision 1.  [MANAGER CONVICTED OF BACKGROUND CHECK 
  1.23  CRIME.] (a) If the superintendent's response indicates that the 
  1.24  manager has been convicted of a background check crime defined 
  1.25  in section 299C.67, subdivision 2, paragraph (a), the owner may 
  1.26  not hire the manager or, if the manager was hired pending 
  2.1   completion of the background check, shall terminate the 
  2.2   manager's employment.  Except as provided in paragraph (c), if 
  2.3   an owner otherwise knows that a manager has been convicted of a 
  2.4   background check crime defined in section 299C.67, subdivision 
  2.5   2, paragraph (a), the owner shall terminate the manager's 
  2.6   employment. 
  2.7      (b) If the superintendent's response indicates that the 
  2.8   manager has been convicted of a background check crime defined 
  2.9   in section 299C.67, subdivision 2, paragraph (b), the owner may 
  2.10  not hire the manager unless more than ten years have elapsed 
  2.11  since the date of discharge of the sentence.  If the manager was 
  2.12  hired pending completion of the background check, the owner 
  2.13  shall terminate the manager's employment unless more than ten 
  2.14  years have elapsed since the date of discharge of the sentence.  
  2.15  Except as provided in paragraph (c), if an owner otherwise knows 
  2.16  that a manager has been convicted of a background check crime 
  2.17  defined in section 299C.67, subdivision 2, paragraph (b), the 
  2.18  owner shall terminate the manager's employment unless more than 
  2.19  ten years have elapsed since the date of discharge of the 
  2.20  sentence. 
  2.21     (c) If an owner knows that a manager hired before July 1, 
  2.22  1995, was convicted of a background check crime for an offense 
  2.23  committed before July 1, 1995, the owner may continue to employ 
  2.24  the manager.  However, the owner shall notify all tenants and 
  2.25  prospective tenants whose dwelling units would be accessible to 
  2.26  the manager of the crime for which the manager has been 
  2.27  convicted and of the right of a current tenant to terminate the 
  2.28  tenancy under this paragraph, if the manager was convicted of a 
  2.29  background check crime defined in: 
  2.30     (1) section 299C.67, subdivision 2, paragraph (a); or 
  2.31     (2) section 299C.67, subdivision 2, paragraph (b), unless 
  2.32  more than ten years have elapsed since the sentence was 
  2.33  discharged. 
  2.34     Notwithstanding a lease provision to the contrary, a 
  2.35  current tenant who receives a notice under this paragraph may 
  2.36  terminate the tenancy within 60 days of receipt of the notice by 
  3.1   giving the owner at least 14 days' advance notice of the 
  3.2   termination date. 
  3.3      (d) The owner shall notify the manager of any action taken 
  3.4   under this subdivision. 
  3.5      (e) If an owner is required to terminate a manager's 
  3.6   employment under paragraph (a) or (b), or terminates a manager's 
  3.7   employment in lieu of notifying tenants under paragraph (c), the 
  3.8   owner is not liable under any law, contract, or agreement, 
  3.9   including liability for unemployment compensation claims, for 
  3.10  terminating the manager's employment in accordance with this 
  3.11  section.  Notwithstanding a lease or agreement governing 
  3.12  termination of the tenancy, if the manager whose employment is 
  3.13  terminated is also a tenant, the owner may terminate the tenancy 
  3.14  immediately upon giving notice to the manager.  An unlawful 
  3.15  detainer action to enforce the termination of the tenancy must 
  3.16  be treated as a priority writ under sections 566.05, 566.07, 
  3.17  566.09, subdivision 1, 566.16, subdivision 2, and 566.17, 
  3.18  subdivision 1a. 
  3.19     Subd. 2.  [OWNER CONVICTED OF BACKGROUND CHECK CRIME.] (a) 
  3.20  If an owner who has the means to enter tenants' dwelling units 
  3.21  has been convicted of a background check crime, the owner shall 
  3.22  notify all tenants and prospective tenants of the crime for 
  3.23  which the owner has been convicted and of the right of a current 
  3.24  tenant to terminate the tenancy under this subdivision, if the 
  3.25  owner was convicted of a background check crime defined in: 
  3.26     (1) section 299C.67, subdivision 2, paragraph (a); or 
  3.27     (2) section 299C.67, subdivision 2, paragraph (b), unless 
  3.28  more than ten years have elapsed since the sentence was 
  3.29  discharged. 
  3.30     (b) Notwithstanding a lease provision to the contrary, a 
  3.31  current tenant who receives a notice under this subdivision may 
  3.32  terminate the tenancy within 60 days of receipt of the notice, 
  3.33  by giving the owner at least 14 days' advance notice of the 
  3.34  termination date.