SF 562

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

A bill for an act
relating to civil liability; limiting admission of criminal history evidence in
actions against private employers; modifying licensure disqualifications for
pari-mutuel horse racing; amending Minnesota Statutes 2008, section 240.08,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 181.

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

Section 1.

new text begin [181.986] EMPLOYMENT OF INDIVIDUAL WITH CRIMINAL
HISTORY; LIMITATION ON ADMISSIBILITY OF EVIDENCE.
new text end

new text begin Subdivision 1. new text end

new text begin Limitation on admissibility of criminal history. new text end

new text begin Information
regarding a criminal history record of an employee or former employee may not be
introduced as evidence in a civil action against a private employer or its employees or
agents that is based on the conduct of the employee or former employee, if:
new text end

new text begin (1) the duties of the position of employment did not expose members of the public to
a greater degree of risk than that created by the employee or former employee interacting
with the public outside of the duties of the position or that might be created by being
employed in general;
new text end

new text begin (2) before the occurrence of the act giving rise to the civil action, a court order sealed
any record of the criminal case or the employee or former employee received a pardon; or
new text end

new text begin (3) the record is of an arrest or charge that did not result in a criminal conviction.
new text end

new text begin Subd. 2. new text end

new text begin Relation to other law. new text end

new text begin This section does not supersede a statutory
requirement to conduct a criminal history background investigation or consider criminal
history records in hiring for particular types of employment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
actions commenced on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 240.08, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Certain occupational licenses. new text end

new text begin The commission may issue a license to
an applicant otherwise disqualified under subdivision 2, clause (b), for an occupation that
does not involve gaming operations, security, surveillance, or the handling of pari-mutuel
or card club revenues if the applicant has not been convicted of a felony or a crime
involving fraud or misrepresentation within ten years of the application, has never been
convicted of a gambling-related offense, does not have a felony charge pending, has been
discharged from any supervision related to the disqualifying offense for a period of at least
five years, and is not required to register under section 243.166.
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