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SF 3214

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/18/2022 09:57am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - 1st Engrossment

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A bill for an act
 relating to data practices; modifying criminal history checks done by cities and
counties; amending Minnesota Statutes 2021 Supplement, section 299C.72,
subdivision 2.

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

Section 1.

Minnesota Statutes 2021 Supplement, section 299C.72, subdivision 2, is amended
to read:


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, 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 deleted text begin shall notdeleted text end new text begin may new text end disseminate criminal history
data deleted text begin anddeleted text end new text begin to either the hiring or licensing authority of the city or county requesting checks
for applicants, licensees, or current employees. The authorized law enforcement agency
and the hiring or licensing authority of the city or county new text end must maintain deleted text begin itdeleted text end new text begin criminal history
data new text end securely deleted text begin with the agency's officedeleted text end new text begin and act consistently with section 364.05new text end . deleted text begin 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.
deleted text end