1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to government data; background checks; 1.3 expanding what is considered to be public criminal 1.4 history data; modifying procedures for certain 1.5 background checks; authorizing criminal history checks 1.6 for certain liquor license applicants; clarifying use 1.7 of data collected on employees of certain license 1.8 holders; amending Minnesota Statutes 2000, sections 1.9 13.87, subdivision 1; 171.321, subdivision 3; 299C.68, 1.10 subdivision 5; 326.336, subdivision 1; 340A.301, 1.11 subdivision 2; 340A.402. 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.13 Section 1. Minnesota Statutes 2000, section 13.87, 1.14 subdivision 1, is amended to read: 1.15 Subdivision 1. [CRIMINAL HISTORY DATA.] (a) [DEFINITION.] 1.16 For purposes of this subdivision, "criminal history data" means 1.17 all data maintained in criminal history records compiled by the 1.18 bureau of criminal apprehension and disseminated through the 1.19 criminal justice information system, including, but not limited 1.20 to fingerprints, photographs, identification data, arrest data, 1.21 prosecution data, criminal court data, custody and supervision 1.22 data. 1.23 (b) [CLASSIFICATION.] Criminal history data maintained by 1.24 agencies, political subdivisions and statewide systems are 1.25 classified as private, pursuant to section 13.02, subdivision 1.26 12, except that data created, collected, or maintained by the 1.27 bureau of criminal apprehension that identify an individual who 1.28 was convicted of a crime
and, the offense of which the 2.1 individual was convicted, associated court disposition and 2.2 sentence information, controlling agency, and confinement 2.3 information are public data for 15 years following the discharge 2.4 of the sentence imposed for the offense. 2.5 The bureau of criminal apprehension shall provide to the 2.6 public at the central office of the bureau the ability to 2.7 inspect in person, at no charge, through a computer monitor the 2.8 criminal conviction data classified as public under this 2.9 subdivision. 2.10 (c) [LIMITATION.] Nothing in paragraph (a) or (b) shall 2.11 limit public access to data made public by section 13.82. 2.12 Sec. 2. Minnesota Statutes 2000, section 171.321, 2.13 subdivision 3, is amended to read: 2.14 Subd. 3. [RECORDS CHECK OF APPLICANT.] (a) Before issuing 2.15 or renewing a school bus endorsement, the commissioner shall 2.16 conduct a criminal history and driver's license records check of 2.17 the applicant. The commissioner may also conduct the check at 2.18 any time while a person is so licensed. The check must consist 2.19 of a criminal recordshistory check of the state criminal 2.20 records repository and a check of the driver's license records 2.21 system. If the applicant has resided in Minnesota for less than 2.22 five years, the check must also include a national criminal 2.23 recordshistory check of information from the state law2.24 enforcement agencies in the states where the person resided2.25 during the five years before moving to Minnesota, and of the2.26 national criminal records repository including the criminal2.27 justice data communications network. The commissioner shall 2.28 accept the national criminal history check request and the 2.29 fingerprints of the applicant and is authorized to exchange 2.30 fingerprints with the Federal Bureau of Investigation and 2.31 request the Federal Bureau of Investigation to conduct a 2.32 criminal history check. The applicant's failure to cooperate 2.33 with the commissioner in conducting the records check is 2.34 reasonable cause to deny an application or cancel a school bus 2.35 endorsement. The commissioner may not release the results of 2.36 the records check to any person except the applicant or the 3.1 applicant's designee in writing. 3.2 (b) The commissioner may issue to an otherwise qualified 3.3 applicant a temporary school bus endorsement, effective for no 3.4 more than 180 days, upon presentation of (1) an affidavit by the 3.5 applicant that the applicant has not been convicted of a 3.6 disqualifying offense and (2) a criminal history check from each 3.7 state of residence for the previous five years. The criminal 3.8 history check may be conducted and prepared by any public or 3.9 private source acceptable to the commissioner. The commissioner 3.10 may reissue the temporary endorsement if the National Criminal 3.11 Records Repository check is timely submitted but not completed 3.12 within the 180-day period. 3.13 Sec. 3. Minnesota Statutes 2000, section 299C.68, 3.14 subdivision 5, is amended to read: 3.15 Subd. 5. [RESPONSE OF BUREAU.] The superintendent shall 3.16 respond in writing to a background check request within a 3.17 reasonable time not to exceed ten working days after receiving 3.18 the signed form under subdivision 3. If a search is being done3.19 of the national criminal records repository and that portion of3.20 the background check is not completed, the superintendent shall3.21 notify the owner that the background check is not complete and3.22 shall provide that portion of the background check to the owner3.23 as soon as it is available.If a search is being done of the 3.24 national criminal records repository, the superintendent shall 3.25 determine eligibility based upon national records received. The 3.26 superintendent shall reply to the owner in writing, indicating 3.27 whether the manager is or is not eligible for employment. The 3.28 superintendent's response must clearly indicate whether the 3.29 manager has ever been convicted of a background check crime and, 3.30 if so, a description of the crime, date and jurisdiction of 3.31 conviction, and date of discharge of the sentence. 3.32 Sec. 4. Minnesota Statutes 2000, section 326.336, 3.33 subdivision 1, is amended to read: 3.34 Subdivision 1. [BACKGROUND CHECK.] A license holder may 3.35 employ, in connection with the business of private detective or 3.36 protective agent, as many unlicensed persons as may be 4.1 necessary; provided that every license holder is at all times 4.2 accountable for the good conduct of every person employed. When 4.3 a license holder hires a person to perform services as a private 4.4 detective or protective agent, the employer shall submit to the 4.5 bureau of criminal apprehension a full set of fingerprints of 4.6 each employee and the written consent of the employee to enable 4.7 the bureau to determine whether that person has a criminal 4.8 record. The employee is a conditional employee until the 4.9 employer receives a report from the bureau that, based on a 4.10 check of the criminal records maintained by the bureau, the 4.11 prospective employee has not been convicted in Minnesota of a 4.12 felony or any offense listed in section 326.3381, subdivision 3, 4.13 other than a misdemeanor or gross misdemeanor assault. During 4.14 the period of conditional employment, the person may not serve 4.15 as a private detective or protective agent, but may be trained 4.16 by the employer. The bureau shall immediately forward the 4.17 fingerprints to the Federal Bureau of Investigation and request 4.18 the Federal Bureau of Investigation to conduct a criminal 4.19 history check of each conditional employee's criminal record,4.20 and the bureau of criminal apprehension shall immediately4.21 forward the results to the employer when they are received4.22 employee. The bureau shall determine if the bureau report or4.23 Federal Bureau of Investigation report indicates that the 4.24 employee was convicted of a disqualifying offense ,and shall 4.25 notify the employer accordingly. The employer shall immediately 4.26 dismiss thean employee who has been convicted of a 4.27 disqualifying offense. 4.28 Sec. 5. Minnesota Statutes 2000, section 340A.301, 4.29 subdivision 2, is amended to read: 4.30 Subd. 2. [PERSONS ELIGIBLE.] Licenses under this section 4.31 may be issued only to a person who: 4.32 (1) is of good moral character and repute; 4.33 (2) is 21 years of age or older; 4.34 (3) has not had a license issued under this chapter revoked 4.35 within five years of the date of license application, or to any 4.36 person who at the time of the violation owns any interest, 5.1 whether as a holder of more than five percent of the capital 5.2 stock of a corporation licensee, as a partner or otherwise, in 5.3 the premises or in the business conducted thereon, or to a 5.4 corporation, partnership, association, enterprise, business, or 5.5 firm in which any such person is in any manner interested; and 5.6 (4) has not been convicted within five years of the date of 5.7 license application of a felony, or of a willful violation of a 5.8 federal or state law, or local ordinance governing the 5.9 manufacture, sale, distribution, or possession for sale or 5.10 distribution of alcoholic beverages. The alcohol and gambling 5.11 enforcement division may require that fingerprints be taken and 5.12 may forward the fingerprints to the Federal Bureau of 5.13 Investigation for purposes of a criminal history check. 5.14 Sec. 6. Minnesota Statutes 2000, section 340A.402, is 5.15 amended to read: 5.16 340A.402 [PERSONS ELIGIBLE.] 5.17 No retail license may be issued to: 5.18 (1) a person under 21 years of age; 5.19 (2) a person who has had an intoxicating liquor or 3.2 5.20 percent malt liquor license revoked within five years of the 5.21 license application, or to any person who at the time of the 5.22 violation owns any interest, whether as a holder of more than 5.23 five percent of the capital stock of a corporation licensee, as 5.24 a partner or otherwise, in the premises or in the business 5.25 conducted thereon, or to a corporation, partnership, 5.26 association, enterprise, business, or firm in which any such 5.27 person is in any manner interested; 5.28 (3) a person not of good moral character and repute; or 5.29 (4) a person who has a direct or indirect interest in a 5.30 manufacturer, brewer, or wholesaler. 5.31 In addition, no new retail license may be issued to, and 5.32 the governing body of a municipality may refuse to renew the 5.33 license of, a person who, within five years of the license 5.34 application, has been convicted of a felony or a willful 5.35 violation of a federal or state law or local ordinance governing 5.36 the manufacture, sale, distribution, or possession for sale or 6.1 distribution of an alcoholic beverage. The alcohol and gambling 6.2 enforcement division or licensing authority may require that 6.3 fingerprints be taken and forwarded to the Federal Bureau of 6.4 Investigation for purposes of a criminal history check.