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SF 2206

as introduced - 92nd Legislature (2021 - 2022) Posted on 08/16/2021 03:30pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to national criminal history record checks; providing for compliance with
section 6103 of the Internal Revenue Code and IRS Publication 1075 for certain
individuals with access to federal tax information; classifying data; amending
Minnesota Statutes 2020, section 270B.13, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 299C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 270B.13, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Background check; access to federal tax information. new text end

new text begin An individual
performing services for an independent contractor or a vendor under subdivision 1 who has
or will have access to federal tax information is subject to the requirements of section
299C.76.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [299C.76] BACKGROUND CHECK; ACCESS TO FEDERAL TAX
INFORMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following definitions
apply.
new text end

new text begin (b) "Federal tax information" means federal tax returns and return information or
information derived or created from federal tax returns, in possession of or control by the
requesting agency, that is covered by the safeguarding provisions of section 6103(p)(4) of
the Internal Revenue Code.
new text end

new text begin (c) "IRS Publication 1075" means Internal Revenue Service Publication 1075 that
provides guidance and requirements for the protection and confidentiality of federal tax
information as required in section 6103(p)(4) of the Internal Revenue Code.
new text end

new text begin (d) "National criminal history record information" means the Federal Bureau of
Investigation identification records as defined in Code of Federal Regulations, title 28,
section 20.3(d).
new text end

new text begin (e) "Requesting agency" means the Department of Revenue, Department of Employment
and Economic Development, Department of Human Services, board of directors of MNsure,
the Office of MN.IT Services, and counties.
new text end

new text begin Subd. 2. new text end

new text begin National criminal history record information check. new text end

new text begin As required by IRS
Publication 1075, a requesting agency shall require fingerprints for a national criminal
history record information check from the following individuals who have or will have
access to federal tax information:
new text end

new text begin (1) a current or prospective permanent or temporary employee of the requesting agency;
new text end

new text begin (2) an independent contractor or vendor of the requesting agency;
new text end

new text begin (3) an employee or agent of an independent contractor or vendor of the requesting agency;
or
new text end

new text begin (4) any other individual authorized to access federal tax information by the requesting
agency.
new text end

new text begin Subd. 3. new text end

new text begin Fingerprint submission and written statement of understanding. new text end

new text begin An
individual subject to this section must provide fingerprints and a written statement of
understanding that the fingerprints will be used for a background check to the requesting
agency. The requesting agency must submit the fingerprints and written statement of
understanding, along with the processing fees, to the superintendent of the Bureau of Criminal
Apprehension. The fingerprints must only be used for the purposes described in this section.
new text end

new text begin Subd. 4. new text end

new text begin Bureau of Criminal Apprehension requirements. new text end

new text begin (a) After the superintendent
of the Bureau of Criminal Apprehension notifies requesting agencies that the United States
Attorney General has approved the request for submission under Public Law 92-544, a
requesting agency may submit information under subdivision 3.
new text end

new text begin (b) Upon receipt of the information under subdivision 3, the superintendent of the Bureau
of Criminal Apprehension must:
new text end

new text begin (1) perform a state criminal history record information search;
new text end

new text begin (2) exchange the fingerprints to the Federal Bureau of Investigation to facilitate a search
of the national criminal history record information;
new text end

new text begin (3) compile the results of the state and national criminal history record information
searches; and
new text end

new text begin (4) provide the results to the requesting agency.
new text end

new text begin Subd. 5. new text end

new text begin Classification of data. new text end

new text begin (a) All data collected, created, received, maintained, or
disseminated by the requesting agency under this section is classified as private data on
individuals as defined in section 13.02, subdivision 12.
new text end

new text begin (b) Notwithstanding any law to the contrary, a requesting agency must not further
disseminate the results received under subdivision 4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text beginPURPOSE.
new text end

new text begin It is the intent of the legislature to ensure compliance with section 6103 of the Internal
Revenue Code and IRS Publication 1075.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end