Minnesota Session Laws - 2001, 1st Special Session

                              CHAPTER 7-S.F.No. 18 
                  An act relating to employment; requiring certain 
                  apartment manager background checks to be performed on 
                  individuals who have resided in Minnesota less than 
                  ten years; amending Minnesota Statutes 2000, section 
                  299C.68, subdivisions 2, 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 299C.68, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PROCEDURES.] The superintendent shall develop 
        procedures to enable an owner to request a background check to 
        determine whether a manager is the subject of a reported 
        conviction for a background check crime.  The superintendent 
        shall perform the background check by retrieving and reviewing 
        data on background check crimes maintained in the CJIS 
        computers.  The superintendent shall notify the owner in writing 
        of the results of the background check.  If the manager has 
        resided in Minnesota for less than five ten years or upon 
        request of the owner, the superintendent shall also either:  (1) 
        conduct a search of the national criminal records repository, 
        including the criminal justice data communications network; or 
        (2) conduct a search of the criminal justice data communications 
        network records in the state or states where the manager has 
        resided for the preceding five ten years.  The superintendent is 
        authorized to exchange fingerprints with the Federal Bureau of 
        Investigation for purposes of the criminal history check.  The 
        superintendent shall recover the cost of a background check 
        through a fee charged to the owner. 
           Sec. 2.  Minnesota Statutes 2000, section 299C.68, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FORM.] (a) The superintendent shall develop a 
        standardized form to be used for requesting a background check, 
        which must include: 
           (1) a notification to the manager that the owner will 
        request the superintendent to perform a background check under 
        this section; 
           (2) a notification to the manager of the manager's rights 
        under subdivision 4; and 
           (3) a signed consent by the manager to conduct the 
        background check. 
           (b) If the manager has resided in Minnesota for less than 
        five ten years, or if the owner is requesting a search of the 
        national criminal records repository, the form must be 
        accompanied by the fingerprints of the manager on whom the 
        background check is to be performed. 
           Presented to the governor June 30, 2001 
           Signed by the governor June 30, 2001, 8:45 p.m.