2003 Minnesota Statutes

     245C.32 Systems and records. 

    Subdivision 1.    Establishment.  The commissioner may 
 establish systems and records to fulfill the requirements of 
 this chapter. 

    Subd. 2.    Use.  (a) The commissioner may also use 
 these systems and records to obtain and provide criminal history 
 data from the Bureau of Criminal Apprehension, criminal history 
 data held by the commissioner, and data about substantiated 
 maltreatment under section 626.556 or 626.557, for other 
 purposes, provided that: 

    (1) the background study is specifically authorized in 
 statute; or 

    (2) the request is made with the informed consent of the 
 subject of the study as provided in section 13.05, subdivision 4.

    (b) An individual making a request under paragraph (a), 
 clause (2), must agree in writing not to disclose the data to 
 any other individual without the consent of the subject of the 
 data. 

    (c) The commissioner may recover the cost of obtaining and 
 providing background study data by charging the individual or 
 entity requesting the study a fee of no more than $12 per 
 study.  The fees collected under this paragraph are appropriated 
 to the commissioner for the purpose of conducting background 
 studies. 

    Subd. 3.    National records search.  (a) When 
 specifically required by statute, the commissioner shall also 
 obtain criminal history data from the National Criminal Records 
 Repository. 

    (b) To obtain criminal history data from the National 
 Criminal Records Repository, the commissioner shall require 
 classifiable fingerprints of the data subject and must submit 
 these fingerprint requests through the Bureau of Criminal 
 Apprehension. 

    (c) The commissioner may require the background study 
 subject to submit fingerprint images electronically.  The 
 commissioner may not require electronic fingerprint images until 
 the electronic recording and transfer system is available for 
 noncriminal justice purposes and the necessary equipment is in 
 use in the law enforcement agency in the background study 
 subject's local community. 

    (d) The commissioner may recover the cost of obtaining and 
 providing criminal history data from the National Criminal 
 Records Repository by charging the individual or entity 
 requesting the study a fee of no more than $30 per study.  The 
 fees collected under this subdivision are appropriated to the 
 commissioner for the purpose of obtaining criminal history data 
 from the National Criminal Records Repository. 

    HIST: 2003 c 12 art 2 s 4; 2003 c 15 art 1 s 32