SF 2322

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/17/2010 11:43am

A bill for an act
relating to commerce; regulating business screening services; providing for the
correction and deletion of certain criminal records; amending Minnesota Statutes
2008, section 332.70, subdivisions 1, 2, 3, 4.

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

Section 1.

Minnesota Statutes 2008, section 332.70, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section:

(a) "Business screening service" means a person regularly engaged in the business of
collecting, assembling, evaluating, or disseminating criminal deleted text begin record information deleted text end new text begin records new text end
on individuals for a fee. Business screening service does not include a government entity,
as defined in section 13.02, or the news media.

(b) "Conviction" has the meaning given in section 609.02, subdivision 5.

(c) "Criminal record" means a record of an arrest, citation, prosecution, criminal
proceeding, or conviction.

Sec. 2.

Minnesota Statutes 2008, section 332.70, subdivision 2, is amended to read:

Subd. 2.

Criminal records.

deleted text begin A business screening service must not disseminate a
criminal record unless the record has been updated within the previous month deleted text end new text begin A business
screening service must only disseminate a criminal record that reflects the complete and
accurate record provided by the source of the data. A complete and accurate record is a
record that has:
new text end

new text begin (1) been updated within 30 days of its receipt; or
new text end

new text begin (2) been verified with the source of the data within the previous 90 days as being
up-to-date new text end .

Sec. 3.

Minnesota Statutes 2008, section 332.70, subdivision 3, is amended to read:

Subd. 3.

Correction and deletion of records.

(a) If the completeness or accuracy
of a criminal record maintained by a business screening service is disputed by the
individual who is the subject of the record, the screening service shall, without charge,
investigate the disputed record. In conducting an investigation, the business screening
service shall review and consider all relevant information submitted by the subject of the
record with respect to the disputed record new text begin to determine whether the record maintained by
the screening service accurately reflects the content of the official record, as maintained by
the official government custodian new text end .

(b) deleted text begin If the disputed record is found to be inaccurate or incomplete, the business
screening service shall promptly correct the record. If the disputed record is found to be
sealed, expunged, or the subject of a pardon, the business screening service shall promptly
delete the record. deleted text end new text begin If, upon investigation, the screening service determines that the record
does not accurately reflect the content of the official record, the screening service shall
correct the disputed record so as to accurately reflect the content of the official record.
If the disputed record is found to be sealed, expunged, or the subject of a pardon, the
business screening service shall promptly delete the record.
new text end

(c) A business screening service may terminate an investigation of a disputed record
if the business screening agency reasonably determines that the dispute is frivolous, which
may be based on the failure of the subject of the record to provide sufficient information to
investigate the disputed record. Upon making a determination that the dispute is frivolous,
the business screening service shall inform the subject of the record of the specific reasons
why it has determined that the dispute is frivolous and provide a description of any
information required to investigate the disputed record.

(d) The business screening service shall notify the subject of the disputed record
of the correction or deletion of the record or of the termination or completion of the
investigation related to the record within 30 days of the date when the agency receives
notice of the dispute from the subject of the record.

Sec. 4.

Minnesota Statutes 2008, section 332.70, subdivision 4, is amended to read:

Subd. 4.

Date and notice required.

A business screening service that disseminates
a criminal record new text begin that was collected on or after July 1, 2010, new text end must include the date when
the record was collected new text begin by the business screening service new text end and a notice that the information
may include new text begin criminal new text end records that have been expunged, sealed, or otherwise have become
inaccessible to the public since that date.

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective July 1, 2010.
new text end