HF 1432

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/13/2015 04:29pm

A bill for an act
relating to public safety; requiring the Bureau of Criminal Apprehension to do
background checks at the request of Indian tribes; proposing coding for new law
in Minnesota Statutes, chapter 299C.

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

Section 1.

new text begin [299C.75] BACKGROUND CHECKS; INDIAN TRIBES.
new text end

new text begin (a) When requested by a law enforcement agency of an Indian tribe with a
reservation in the state, the superintendent shall perform a criminal history background
check on a person seeking a license, employment, public housing, candidacy for tribal
election, or other purpose as required under tribal law and in accordance with federal law.
When requested by the law enforcement agency of the Indian tribe, the superintendent
shall exchange fingerprints with the Federal Bureau of Investigation for purposes of
the criminal history background check. The superintendent shall recover the cost of a
background check under this section through a fee charged to the Indian tribe.
new text end

new text begin (b) For purposes of this section, "Indian tribe" means a tribe, band, nation, or other
federally recognized group or community of Indians.
new text end

new text begin (c) If any provision of this section is determined to be in conflict with respect to a
tribal state gaming compact of an Indian tribe requesting a background check under this
section, the compact provision shall prevail.
new text end