SF 914

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to data practices; regulating business screening agencies; providing civil
penalties; proposing coding for new law in Minnesota Statutes, chapter 13.

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

Section 1.

new text begin [13.823] BUSINESS SCREENING SERVICES; REMOVABLE AND
UNREPORTABLE DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this chapter:
new text end

new text begin (a) "Business screening service" means a business, person, agency, or entity engaged
in whole or in part in the practice of collecting, assembling, evaluating, compiling,
reporting, transmitting, transferring, or communicating to third parties background
information on individuals that includes records of arrests, citations, criminal proceedings,
or convictions involving the individual.
new text end

new text begin (b) "Criminal justice agency" has the meaning given in section 299C.46, subdivision
2.
new text end

new text begin (c) "Preconviction criminal records" means records for which there is no conviction
as defined in section 609.02, subdivision 5.
new text end

new text begin Subd. 2. new text end

new text begin Preconviction records. new text end

new text begin Preconviction criminal records shall be provided
by criminal justice agencies only to a business screening service that enters into an
agreement in the form approved by the attorney general, providing that the business
screening service will not disclose or disseminate the data in a manner that identifies
specific individuals who are the subject of the data.
new text end

new text begin Subd. 3. new text end

new text begin Criminal conviction records. new text end

new text begin Records of criminal convictions shall be
provided by criminal justice agencies only to a business screening service that enters into
an agreement in the form approved by the attorney general, providing that the business
screening service will at an interval of no greater than 30 days update the data it holds
and disseminates to accurately reflect the status of records that have been sealed under
this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Correction and deletion of records. new text end

new text begin (a) If the completeness or accuracy
of a record involving an arrest, citation, criminal proceeding, or conviction 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.
new text end

new text begin (b) 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 end

new text begin (c) If, after an investigation, the disputed record is found to be inaccurate or
incomplete, the business screening service shall modify the record.
new text end

new text begin (d) If, after an investigation, the disputed record is found to be sealed, expunged, or
pardoned, the business screening agency shall promptly delete the record.
new text end

new text begin (e) A business screening service may terminate an investigation of a disputed
record if the business screening agency determines that the dispute is frivolous or
irrelevant, including by reason of a failure by the subject of the record to provide sufficient
information to investigate the disputed record. Upon making a determination that the
dispute is frivolous or irrelevant, the business screening service shall state the specific
reasons why it has determined that the dispute is frivolous or irrelevant and provide a
description of any information required to investigate the disputed record.
new text end

new text begin (f) The business screening service shall notify the subject of the record of the
modification, deletion, or termination of the investigation related to the disputed record
within a 30-day period beginning on the date on which the agency receives the notice of
the dispute from the subject of the record.
new text end

new text begin Subd. 5. new text end

new text begin Civil remedy. new text end

new text begin A business screening service that violates this section is
liable to the individual who is the subject of the record for a penalty of $10,000 or actual
damages caused by the violation, whichever is greater, plus costs and disbursements and
reasonable attorney fees.
new text end