SF 496

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/24/2021 03:56pm

A bill for an act
relating to human services; permitting background study subjects to obtain
fingerprints from additional entities and agencies; extending the waiver modifying
background study requirements for human services programs pursuant to governor's
executive orders related to the COVID-19 pandemic; amending Minnesota Statutes
2020, section 245C.05, subdivision 5; Laws 2020, First Special Session chapter
7, section 1, as amended.

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

Section 1.

Minnesota Statutes 2020, section 245C.05, subdivision 5, is amended to read:

Subd. 5.

Fingerprints and photograph.

(a) Notwithstanding paragraph (b), for
background studies conducted by the commissioner for child foster care, children's residential
facilities, adoptions, or a transfer of permanent legal and physical custody of a child, the
subject of the background study, who is 18 years of age or older, shall provide the
commissioner with a set of classifiable fingerprints obtained from an authorized agency for
a national criminal history record check. new text begin For purposes of this subdivision, "authorized
agency for a national criminal history record check" includes any entity, vendor, or local
law enforcement agency that can supply an individual with a set of the individual's classifiable
fingerprints that is compliant with NETStudy 2.0.
new text end

(b) For background studies initiated on or after the implementation of NETStudy 2.0,
except as provided under subdivision 5a, every subject of a background study must provide
the commissioner with a set of the background study subject's classifiable fingerprints and
photograph. The photograph and fingerprints must be recorded at the same time by the
commissioner's authorized fingerprint collection vendor and sent to the commissioner
through the commissioner's secure data system described in section 245C.32, subdivision
1a, paragraph (b). new text begin The subject of the background study may supply the commissioner's
authorized fingerprint collection vendor with a set of the subject's classifiable fingerprints
and photograph that were obtained from an authorized agency for a national criminal history
record check as defined in paragraph (a).
new text end

(c) The fingerprints shall be submitted by the commissioner to the Bureau of Criminal
Apprehension and, when specifically required by law, submitted to the Federal Bureau of
Investigation for a national criminal history record check.

(d) The fingerprints must not be retained by the Department of Public Safety, Bureau
of Criminal Apprehension, or the commissioner. The Federal Bureau of Investigation will
not retain background study subjects' fingerprints.

(e) The commissioner's authorized fingerprint collection vendor shall, for purposes of
verifying the identity of the background study subject, be able to view the identifying
information entered into NETStudy 2.0 by the entity that initiated the background study,
but shall not retain the subject's fingerprints, photograph, or information from NETStudy
2.0. The authorized fingerprint collection vendor shall retain no more than the name and
date and time the subject's fingerprints were recorded and sent, only as necessary for auditing
and billing activities.

(f) For any background study conducted under this chapter, the subject shall provide the
commissioner with a set of classifiable fingerprints when the commissioner has reasonable
cause to require a national criminal history record check as defined in section 245C.02,
subdivision 15a.

Sec. 2.

Laws 2020, First Special Session chapter 7, section 1, subdivision 3, is amended
to read:

Subd. 3.

Waivers and modifications; 60-day transition period.

When the peacetime
emergency declared by the governor in response to the COVID-19 outbreak expires, is
terminated, or is rescinded by the proper authority, all waivers or modifications issued by
the commissioner of human services in response to the COVID-19 outbreak that have not
been extended as provided in subdivisions 1, 2, deleted text begin and deleted text end 4 new text begin , and 5 new text end of this section may remain in
effect for no more than 60 days, only for purposes of transitioning affected programs back
to operating without the waivers or modifications in place.

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.

Laws 2020, First Special Session chapter 7, section 1, as amended by Laws 2020,
Third Special Session chapter 1, section 3, is amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Waiver extension; 180-day transition period. new text end

new text begin When the peacetime emergency
declared by the governor in response to the COVID-19 outbreak expires, is terminated, or
is rescinded by the proper authority, the modification in CV23: modifying certain background
study requirements, issued by the commissioner of human services pursuant to Executive
Orders 20-11 and 20-12, and including any amendments to the modification issued before
the peacetime emergency expires, shall remain in effect for no more than 180 days.
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