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Key: (1) language to be deleted (2) new language

CHAPTER 59--H.F.No. 2945

An act

relating to data practices; modifying criminal history checks done by cities and counties;

amending Minnesota Statutes 2021 Supplement, section 299C.72, subdivision 2.

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

Section 1.

Minnesota Statutes 2021 Supplement, section 299C.72, subdivision 2, is amended to read:

Subd. 2.

Criminal history check authorized.

(a) The criminal history check authorized by this section shall not be used in place of a statutorily mandated or authorized background check.

(b) An authorized law enforcement agency may conduct a criminal history check of an individual who is an applicant for employment, current employee, applicant for licensure, or current licensee. Prior to conducting the criminal history check, the authorized law enforcement agency must receive the informed consent of the individual.

(c) The authorized law enforcement agency deleted text begin shall notdeleted text end new text begin may new text end disseminate criminal history data deleted text begin anddeleted text end new text begin to either the hiring or licensing authority of the city or county requesting checks for applicants, licensees, or current employees. The authorized law enforcement agency and the hiring or licensing authority of the city or county new text end must maintain deleted text begin itdeleted text end new text begin criminal history data new text end securely deleted text begin with the agency's officedeleted text end new text begin and act consistently with section 364.05new text end . deleted text begin The authorized law enforcement agency can indicate whether the applicant for employment or applicant for licensure has a criminal history that would prevent hire, acceptance as a volunteer to a hiring authority, or would prevent the issuance of a license to the department that issues the license.deleted text end

Presented to the governor May 17, 2022

Signed by the governor May 19, 2022, 1:47 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes