Bill Text: MN HF2262 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Background checks required on hotel, motel and lodging establishment employees, and volunteers of shelters serving battered women and the homeless.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-15 - Introduction and first reading, referred to Health and Human Services Reform [HF2262 Detail]
Download: Minnesota-2011-HF2262-Introduced.html
1.2relating to background checks; requiring a background check on certain hotel,
1.3motel, and lodging establishment employees; requiring a background check
1.4on volunteers of certain shelters serving battered women and the homeless;
1.5amending Minnesota Statutes 2010, sections 157.16, subdivision 1; 245C.03,
1.6by adding a subdivision; 245C.04, by adding a subdivision; 245C.10, by adding
1.7a subdivision; 299C.66; 299C.67, by adding subdivisions; 299C.70; 299C.71;
1.8611A.371, by adding a subdivision; proposing coding for new law in Minnesota
1.9Statutes, chapter 299C.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2010, section 157.16, subdivision 1, is amended to read:
1.14 Subdivision 1. License required annually. A license is required annually for every
1.15person, firm, or corporation engaged in the business of conducting a food and beverage
1.16service establishment, youth camp, hotel, motel, lodging establishment, public pool, or
1.17resort. Any person wishing to operate a place of business licensed in this section shall first
1.18make application, pay the required fee specified in this section, and receive approval for
1.19operation, including plan review approval. Special event food stands are not required to
1.20submit plans. Nonprofit organizations operating a special event food stand with multiple
1.21locations at an annual one-day event shall be issued only one license. Application
1.22shall be made on forms provided by the commissioner and shall require the applicant
1.23to state the full name and address of the owner of the building, structure, or enclosure,
1.24the lessee and manager of the food and beverage service establishment, hotel, motel,
1.25lodging establishment, public pool, or resort; the name under which the business is to be
1.26conducted; where applicable, certification of compliance with the background check
2.1requirements contained in sections 299C.685 and 299C.695; and any other information as
2.2may be required by the commissioner to complete the application for license.
2.3 Sec. 2. Minnesota Statutes 2010, section 299C.66, is amended to read:
2.4299C.66 CITATION.
2.5Sections299C.66 to
299C.71 may be cited as the "Kari Koskinen Manager
2.6Background Check Act."
2.7 Sec. 3. Minnesota Statutes 2010, section 299C.67, is amended by adding a subdivision
2.8to read:
2.9 Subd. 3a. Employee. "Employee" means an individual who is employed by, or
2.10has applied for employment with, the operator of a hotel or motel, resort, or lodging
2.11establishment who has or would have the means, within the scope of the individual's duties,
2.12to enter a sleeping room that is regularly made available for use by members of the public.
2.13 Sec. 4. Minnesota Statutes 2010, section 299C.67, is amended by adding a subdivision
2.14to read:
2.15 Subd. 3b. Hotel or motel. "Hotel or motel" has the meaning given in section
2.16157.15, subdivision 7.
2.17 Sec. 5. Minnesota Statutes 2010, section 299C.67, is amended by adding a subdivision
2.18to read:
2.19 Subd. 3c. Lodging establishment. "Lodging establishment" has the meaning given
2.20in section 157.15, subdivision 8.
2.21 Sec. 6. Minnesota Statutes 2010, section 299C.67, is amended by adding a subdivision
2.22to read:
2.23 Subd. 4a. Operator. "Operator" means any person, including a corporation,
2.24partnership, or other association or entity, engaged in the business of operating a hotel,
2.25motel, lodging establishment, or resort.
2.26 Sec. 7. Minnesota Statutes 2010, section 299C.67, is amended by adding a subdivision
2.27to read:
2.28 Subd. 5a. Resort. "Resort" has the meaning given in section 157.15, subdivision 11.
3.1 Sec. 8. [299C.685] BACKGROUND CHECK ON HOTEL OR MOTEL,
3.2RESORT, OR LODGING ESTABLISHMENT EMPLOYEES.
3.3 Subdivision 1. When required. Before hiring an employee, an operator shall
3.4request the superintendent to conduct a background check under this section. An operator
3.5may employ an individual after requesting a background check under this section before
3.6receipt of the background check report, provided that the operator complies with section
3.7299C.695. An operator may request a background check for a current employee under
3.8this section. By July 1, 2013, an operator shall request the superintendent to conduct a
3.9background check under this section for employees hired before July 1, 2012, who are
3.10currently employed.
3.11 Subd. 2. Procedures. The superintendent shall develop procedures to enable an
3.12operator to request a background check to determine whether an employee is the subject of
3.13a reported conviction for a background check crime. The superintendent shall perform the
3.14background check by retrieving and reviewing the data on background check crimes. The
3.15superintendent shall notify the operator in writing of the results of the background check.
3.16If an employee has resided in Minnesota for less than ten years or upon request of the
3.17operator, the superintendent shall also either (1) conduct a search of the national criminal
3.18records repository, including the criminal justice data communications network; or (2)
3.19conduct a search of the criminal justice data communications network records in the state
3.20or states where the employee has resided for the preceding ten years. The superintendent is
3.21authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes
3.22of the criminal history check. The superintendent shall recover the cost of a background
3.23check through a fee charged to the operator.
3.24 Subd. 3. Form. (a) The superintendent shall develop a standardized form to be used
3.25for requesting a background check, which must include:
3.26(1) a notification to the employee that the operator will request the superintendent to
3.27perform a background check under this section;
3.28(2) a notification to the employee of the employee's rights under subdivision 4; and
3.29(3) a signed consent by the employee to conduct the background check.
3.30(b) If the employee has resided in Minnesota for less than ten years, or if the
3.31operator is requesting a search of the national criminal records repository, the form must
3.32be accompanied by the fingerprints of the employee on whom the background check
3.33is to be performed.
3.34 Subd. 4. Employee's rights. (a) The operator shall notify the employee of the
3.35employee's rights under paragraph (b).
4.1(b) An employee who is the subject of a background check request has the following
4.2rights:
4.3(1) the right to be informed that the operator will request a background check on the
4.4employee to determine whether the employee has been convicted of a crime specified in
4.5section 299C.67, subdivision 2;
4.6(2) the right to be informed by the operator of the superintendent's response to the
4.7background check and to obtain from the operator a copy of the background check report;
4.8(3) the right to obtain from the superintendent any record that forms the basis for
4.9the report;
4.10(4) the right to challenge the accuracy and completeness of information contained in
4.11the report or record under section 13.04, subdivision 4; and
4.12(5) the right to be informed by the operator if the employee's application to be
4.13employed by the operator or to continue as an employee has been denied because of the
4.14result of the background check.
4.15 Subd. 5. Response of bureau. The superintendent shall respond in writing to
4.16a background check request within a reasonable time not to exceed ten working days
4.17after receiving the signed form under subdivision 3. The superintendent's response from
4.18the search of the Minnesota computerized criminal history system must clearly indicate
4.19whether the employee has ever been convicted of a background check crime and, if so,
4.20a description of the crime, date and jurisdiction of the conviction, and date of discharge
4.21of sentence. If a search is being done of the national criminal records repository, the
4.22superintendent shall determine eligibility based upon national records received. The
4.23superintendent shall reply to the operator in writing indicating whether the employee is or
4.24is not eligible for employment.
4.25 Subd. 6. Equivalent background check. (a) An operator may satisfy the
4.26requirements of this section:
4.27(1) by obtaining a copy of a completed background check that was required to be
4.28performed by the Department of Human Services as provided for under section 144.057
4.29and chapter 245C, and then placing the copy on file with the operator;
4.30(2) in the case of a background check performed on an employee of a facility
4.31when multiple facilities are administered by one operator, by placing the results in a
4.32central location; or
4.33(3) by obtaining a background check from a private business or a local law
4.34enforcement agency rather than the superintendent if the scope of the background check
4.35provided by the private business or local law enforcement agency is at least as broad as
4.36that of a background check performed by the superintendent and the response to the
5.1background check request occurs within a reasonable time not to exceed ten working
5.2days after receiving the signed form described in subdivision 3. Local law enforcement
5.3agencies may access the criminal justice data network to perform the background check.
5.4(b) A private business or local law enforcement agency providing a background
5.5check under this section must use a notification form similar to the form described in
5.6subdivision 3, except that the notification form must indicate that the background check
5.7will be performed by the private business or local law enforcement agency using records
5.8of the superintendent and other data sources.
5.9 Sec. 9. [299C.695] OPERATOR DUTIES IF HOTEL OR MOTEL, RESORT, OR
5.10LODGING ESTABLISHMENT EMPLOYEE CONVICTED OF CRIME.
5.11(a) If the superintendent's response indicates that the employee has been convicted
5.12of a background check crime defined in section 299C.67, subdivision 2, paragraph (a), the
5.13owner may not hire the employee or, if the employee was hired pending completion of
5.14the background check, shall terminate the employment relationship. Except as provided
5.15in paragraph (c), if an operator otherwise knows that an employee has been convicted of
5.16a background check crime defined in section 299C.67, subdivision 2, paragraph (a), the
5.17operator shall terminate the employment relationship.
5.18(b) If the superintendent's response indicates that the employee has been convicted
5.19of a background check crime defined in section 299C.67, subdivision 2, paragraph (b),
5.20the operator may not hire the employee unless more than ten years have elapsed since the
5.21date of discharge of the sentence. If the employee was hired pending completion of the
5.22background check, the owner shall terminate the employment relationship unless more
5.23than ten years have elapsed since the date of discharge of the sentence. Except as provided
5.24in paragraph (c), if an operator otherwise knows that an employee has been convicted of
5.25a background check crime defined in section 299C.67, subdivision 2, paragraph (b), the
5.26operator shall terminate the employment relationship unless more than ten years have
5.27elapsed since the date of discharge of the sentence.
5.28(c) If an operator knows that an employee hired before July 1, 2012, was convicted
5.29of a background check crime for an offense committed before July 1, 2012, the operator
5.30may continue to employ the individual. However, the owner shall notify all guests whose
5.31sleeping rooms would be accessible to the employee of the crime for which the employee
5.32has been convicted.
5.33(d) The operator shall notify the employee of any action taken under this section.
5.34(e) If an operator is required to terminate an individual's employment under
5.35paragraph (a) or (b), or terminates an individual's employment in lieu of notifying guests
6.1under paragraph (c), the operator is not liable under any law, contract, or agreement,
6.2including liability for unemployment insurance claims, for terminating the individual's
6.3employment in accordance with this section.
6.4 Sec. 10. Minnesota Statutes 2010, section 299C.70, is amended to read:
6.5299C.70 PENALTY.
6.6An owner who knowingly fails to comply with the requirements of section299C.68
6.7or299C.69 , or an operator who knowingly fails to comply with the requirements of
6.8section 299C.685 or 299C.695, is guilty of a petty misdemeanor.
6.9 Sec. 11. Minnesota Statutes 2010, section 299C.71, is amended to read:
6.10299C.71 BUREAU IMMUNITY.
6.11The Bureau of Criminal Apprehension is immune from any civil or criminal liability
6.12that might otherwise arise under section299C.68 or section 299C.685, based on the
6.13accuracy or completeness of records it receives from the Federal Bureau of Investigation,
6.14if the bureau acts in good faith.
6.15 Sec. 12. EFFECTIVE DATE.
6.16This article is effective July 1, 2012.
6.19 Section 1. Minnesota Statutes 2010, section 245C.03, is amended by adding a
6.20subdivision to read:
6.21 Subd. 8. Shelters serving battered women and the homeless. (a) The
6.22commissioner shall conduct background studies on any individual required under this
6.23subdivision or section 611A.371 to have a background study completed under this chapter.
6.24(b)(1) A publicly or privately operated facility designed to provide temporary living
6.25accommodations for the homeless must not permit an individual to have access or direct
6.26contact, as defined in section 245C.02, subdivision 11, with persons served by the facility
6.27unless a background study has been completed on the individual under this chapter.
6.28(2)(i) An individual employed by the facility required to conduct a check under this
6.29paragraph must have the background check completed upon initial employment and at
6.30least annually thereafter. By July 1, 2013, the facility shall conduct a background check
6.31under this section for current employees initially hired prior to July 1, 2012.
7.1(ii) An individual serving the facility as a volunteer must have a background
7.2check completed prior to the volunteer performing any tasks that include direct contact
7.3with persons served by the facility. A volunteer may be assigned tasks that include
7.4direct contact if a background check on the volunteer meeting the requirements of this
7.5subdivision has been completed under this chapter within the previous year.
7.6 Sec. 2. Minnesota Statutes 2010, section 245C.04, is amended by adding a subdivision
7.7to read:
7.8 Subd. 7. Shelters serving battered women and the homeless. Organizations
7.9required to initiate studies under section 245C.03, subdivision 7, or section 611A.371
7.10must initiate the study before the individual begins in a position allowing access or direct
7.11contact with persons served by the organization.
7.12 Sec. 3. Minnesota Statutes 2010, section 245C.10, is amended by adding a subdivision
7.13to read:
7.14 Subd. 10. Shelters serving battered women and the homeless. The commissioner
7.15shall recover the cost of background studies initiated under section 245C.03, subdivision
7.167, or 611A.371 through a fee of no more than $20 per study charged to the requesting
7.17entity. The fees collected under this subdivision are appropriated to the commissioner for
7.18the purpose of conducting background studies.
7.19 Sec. 4. Minnesota Statutes 2010, section 611A.371, is amended by adding a
7.20subdivision to read:
7.21 Subd. 2a. Background study; employees and volunteers. (a) A designated shelter
7.22facility must not permit an individual to have access or direct contact, as defined in
7.23section 245C.02, subdivision 11, with persons served by the facility unless a background
7.24study has been completed on the individual by the commissioner of human services, as
7.25provided in chapter 245C.
7.26(b) An individual employed by the designated shelter facility must have a
7.27background check completed upon initial employment and at least annually thereafter. By
7.28July 1, 2013, the facility shall conduct a background check under this section for current
7.29employees initially hired prior to July 1, 2012.
7.30(c) An individual serving the designated shelter facility as a volunteer must have
7.31a background check completed prior to the volunteer performing any tasks that include
7.32access or direct contact with persons served by the facility. A volunteer may be assigned
7.33tasks that include direct contact if a background check on the volunteer meeting the
8.1requirements of this subdivision has been completed by the commissioner of human
8.2services within the previous year.
8.3 Sec. 5. EFFECTIVE DATE.
8.4This article is effective July 1, 2012.
1.3motel, and lodging establishment employees; requiring a background check
1.4on volunteers of certain shelters serving battered women and the homeless;
1.5amending Minnesota Statutes 2010, sections 157.16, subdivision 1; 245C.03,
1.6by adding a subdivision; 245C.04, by adding a subdivision; 245C.10, by adding
1.7a subdivision; 299C.66; 299C.67, by adding subdivisions; 299C.70; 299C.71;
1.8611A.371, by adding a subdivision; proposing coding for new law in Minnesota
1.9Statutes, chapter 299C.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2010, section 157.16, subdivision 1, is amended to read:
1.14 Subdivision 1. License required annually. A license is required annually for every
1.15person, firm, or corporation engaged in the business of conducting a food and beverage
1.16service establishment, youth camp, hotel, motel, lodging establishment, public pool, or
1.17resort. Any person wishing to operate a place of business licensed in this section shall first
1.18make application, pay the required fee specified in this section, and receive approval for
1.19operation, including plan review approval. Special event food stands are not required to
1.20submit plans. Nonprofit organizations operating a special event food stand with multiple
1.21locations at an annual one-day event shall be issued only one license. Application
1.22shall be made on forms provided by the commissioner and shall require the applicant
1.23to state the full name and address of the owner of the building, structure, or enclosure,
1.24the lessee and manager of the food and beverage service establishment, hotel, motel,
1.25lodging establishment, public pool, or resort; the name under which the business is to be
1.26conducted; where applicable, certification of compliance with the background check
2.1requirements contained in sections 299C.685 and 299C.695; and any other information as
2.2may be required by the commissioner to complete the application for license.
2.3 Sec. 2. Minnesota Statutes 2010, section 299C.66, is amended to read:
2.4299C.66 CITATION.
2.5Sections
2.6Background Check Act."
2.7 Sec. 3. Minnesota Statutes 2010, section 299C.67, is amended by adding a subdivision
2.8to read:
2.9 Subd. 3a. Employee. "Employee" means an individual who is employed by, or
2.10has applied for employment with, the operator of a hotel or motel, resort, or lodging
2.11establishment who has or would have the means, within the scope of the individual's duties,
2.12to enter a sleeping room that is regularly made available for use by members of the public.
2.13 Sec. 4. Minnesota Statutes 2010, section 299C.67, is amended by adding a subdivision
2.14to read:
2.15 Subd. 3b. Hotel or motel. "Hotel or motel" has the meaning given in section
2.16157.15, subdivision 7.
2.17 Sec. 5. Minnesota Statutes 2010, section 299C.67, is amended by adding a subdivision
2.18to read:
2.19 Subd. 3c. Lodging establishment. "Lodging establishment" has the meaning given
2.20in section 157.15, subdivision 8.
2.21 Sec. 6. Minnesota Statutes 2010, section 299C.67, is amended by adding a subdivision
2.22to read:
2.23 Subd. 4a. Operator. "Operator" means any person, including a corporation,
2.24partnership, or other association or entity, engaged in the business of operating a hotel,
2.25motel, lodging establishment, or resort.
2.26 Sec. 7. Minnesota Statutes 2010, section 299C.67, is amended by adding a subdivision
2.27to read:
2.28 Subd. 5a. Resort. "Resort" has the meaning given in section 157.15, subdivision 11.
3.1 Sec. 8. [299C.685] BACKGROUND CHECK ON HOTEL OR MOTEL,
3.2RESORT, OR LODGING ESTABLISHMENT EMPLOYEES.
3.3 Subdivision 1. When required. Before hiring an employee, an operator shall
3.4request the superintendent to conduct a background check under this section. An operator
3.5may employ an individual after requesting a background check under this section before
3.6receipt of the background check report, provided that the operator complies with section
3.7299C.695. An operator may request a background check for a current employee under
3.8this section. By July 1, 2013, an operator shall request the superintendent to conduct a
3.9background check under this section for employees hired before July 1, 2012, who are
3.10currently employed.
3.11 Subd. 2. Procedures. The superintendent shall develop procedures to enable an
3.12operator to request a background check to determine whether an employee is the subject of
3.13a reported conviction for a background check crime. The superintendent shall perform the
3.14background check by retrieving and reviewing the data on background check crimes. The
3.15superintendent shall notify the operator in writing of the results of the background check.
3.16If an employee has resided in Minnesota for less than ten years or upon request of the
3.17operator, the superintendent shall also either (1) conduct a search of the national criminal
3.18records repository, including the criminal justice data communications network; or (2)
3.19conduct a search of the criminal justice data communications network records in the state
3.20or states where the employee has resided for the preceding ten years. The superintendent is
3.21authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes
3.22of the criminal history check. The superintendent shall recover the cost of a background
3.23check through a fee charged to the operator.
3.24 Subd. 3. Form. (a) The superintendent shall develop a standardized form to be used
3.25for requesting a background check, which must include:
3.26(1) a notification to the employee that the operator will request the superintendent to
3.27perform a background check under this section;
3.28(2) a notification to the employee of the employee's rights under subdivision 4; and
3.29(3) a signed consent by the employee to conduct the background check.
3.30(b) If the employee has resided in Minnesota for less than ten years, or if the
3.31operator is requesting a search of the national criminal records repository, the form must
3.32be accompanied by the fingerprints of the employee on whom the background check
3.33is to be performed.
3.34 Subd. 4. Employee's rights. (a) The operator shall notify the employee of the
3.35employee's rights under paragraph (b).
4.1(b) An employee who is the subject of a background check request has the following
4.2rights:
4.3(1) the right to be informed that the operator will request a background check on the
4.4employee to determine whether the employee has been convicted of a crime specified in
4.5section 299C.67, subdivision 2;
4.6(2) the right to be informed by the operator of the superintendent's response to the
4.7background check and to obtain from the operator a copy of the background check report;
4.8(3) the right to obtain from the superintendent any record that forms the basis for
4.9the report;
4.10(4) the right to challenge the accuracy and completeness of information contained in
4.11the report or record under section 13.04, subdivision 4; and
4.12(5) the right to be informed by the operator if the employee's application to be
4.13employed by the operator or to continue as an employee has been denied because of the
4.14result of the background check.
4.15 Subd. 5. Response of bureau. The superintendent shall respond in writing to
4.16a background check request within a reasonable time not to exceed ten working days
4.17after receiving the signed form under subdivision 3. The superintendent's response from
4.18the search of the Minnesota computerized criminal history system must clearly indicate
4.19whether the employee has ever been convicted of a background check crime and, if so,
4.20a description of the crime, date and jurisdiction of the conviction, and date of discharge
4.21of sentence. If a search is being done of the national criminal records repository, the
4.22superintendent shall determine eligibility based upon national records received. The
4.23superintendent shall reply to the operator in writing indicating whether the employee is or
4.24is not eligible for employment.
4.25 Subd. 6. Equivalent background check. (a) An operator may satisfy the
4.26requirements of this section:
4.27(1) by obtaining a copy of a completed background check that was required to be
4.28performed by the Department of Human Services as provided for under section 144.057
4.29and chapter 245C, and then placing the copy on file with the operator;
4.30(2) in the case of a background check performed on an employee of a facility
4.31when multiple facilities are administered by one operator, by placing the results in a
4.32central location; or
4.33(3) by obtaining a background check from a private business or a local law
4.34enforcement agency rather than the superintendent if the scope of the background check
4.35provided by the private business or local law enforcement agency is at least as broad as
4.36that of a background check performed by the superintendent and the response to the
5.1background check request occurs within a reasonable time not to exceed ten working
5.2days after receiving the signed form described in subdivision 3. Local law enforcement
5.3agencies may access the criminal justice data network to perform the background check.
5.4(b) A private business or local law enforcement agency providing a background
5.5check under this section must use a notification form similar to the form described in
5.6subdivision 3, except that the notification form must indicate that the background check
5.7will be performed by the private business or local law enforcement agency using records
5.8of the superintendent and other data sources.
5.9 Sec. 9. [299C.695] OPERATOR DUTIES IF HOTEL OR MOTEL, RESORT, OR
5.10LODGING ESTABLISHMENT EMPLOYEE CONVICTED OF CRIME.
5.11(a) If the superintendent's response indicates that the employee has been convicted
5.12of a background check crime defined in section 299C.67, subdivision 2, paragraph (a), the
5.13owner may not hire the employee or, if the employee was hired pending completion of
5.14the background check, shall terminate the employment relationship. Except as provided
5.15in paragraph (c), if an operator otherwise knows that an employee has been convicted of
5.16a background check crime defined in section 299C.67, subdivision 2, paragraph (a), the
5.17operator shall terminate the employment relationship.
5.18(b) If the superintendent's response indicates that the employee has been convicted
5.19of a background check crime defined in section 299C.67, subdivision 2, paragraph (b),
5.20the operator may not hire the employee unless more than ten years have elapsed since the
5.21date of discharge of the sentence. If the employee was hired pending completion of the
5.22background check, the owner shall terminate the employment relationship unless more
5.23than ten years have elapsed since the date of discharge of the sentence. Except as provided
5.24in paragraph (c), if an operator otherwise knows that an employee has been convicted of
5.25a background check crime defined in section 299C.67, subdivision 2, paragraph (b), the
5.26operator shall terminate the employment relationship unless more than ten years have
5.27elapsed since the date of discharge of the sentence.
5.28(c) If an operator knows that an employee hired before July 1, 2012, was convicted
5.29of a background check crime for an offense committed before July 1, 2012, the operator
5.30may continue to employ the individual. However, the owner shall notify all guests whose
5.31sleeping rooms would be accessible to the employee of the crime for which the employee
5.32has been convicted.
5.33(d) The operator shall notify the employee of any action taken under this section.
5.34(e) If an operator is required to terminate an individual's employment under
5.35paragraph (a) or (b), or terminates an individual's employment in lieu of notifying guests
6.1under paragraph (c), the operator is not liable under any law, contract, or agreement,
6.2including liability for unemployment insurance claims, for terminating the individual's
6.3employment in accordance with this section.
6.4 Sec. 10. Minnesota Statutes 2010, section 299C.70, is amended to read:
6.5299C.70 PENALTY.
6.6An owner who knowingly fails to comply with the requirements of section
6.7or
6.8section 299C.685 or 299C.695, is guilty of a petty misdemeanor.
6.9 Sec. 11. Minnesota Statutes 2010, section 299C.71, is amended to read:
6.10299C.71 BUREAU IMMUNITY.
6.11The Bureau of Criminal Apprehension is immune from any civil or criminal liability
6.12that might otherwise arise under section
6.13accuracy or completeness of records it receives from the Federal Bureau of Investigation,
6.14if the bureau acts in good faith.
6.15 Sec. 12. EFFECTIVE DATE.
6.16This article is effective July 1, 2012.
6.19 Section 1. Minnesota Statutes 2010, section 245C.03, is amended by adding a
6.20subdivision to read:
6.21 Subd. 8. Shelters serving battered women and the homeless. (a) The
6.22commissioner shall conduct background studies on any individual required under this
6.23subdivision or section 611A.371 to have a background study completed under this chapter.
6.24(b)(1) A publicly or privately operated facility designed to provide temporary living
6.25accommodations for the homeless must not permit an individual to have access or direct
6.26contact, as defined in section 245C.02, subdivision 11, with persons served by the facility
6.27unless a background study has been completed on the individual under this chapter.
6.28(2)(i) An individual employed by the facility required to conduct a check under this
6.29paragraph must have the background check completed upon initial employment and at
6.30least annually thereafter. By July 1, 2013, the facility shall conduct a background check
6.31under this section for current employees initially hired prior to July 1, 2012.
7.1(ii) An individual serving the facility as a volunteer must have a background
7.2check completed prior to the volunteer performing any tasks that include direct contact
7.3with persons served by the facility. A volunteer may be assigned tasks that include
7.4direct contact if a background check on the volunteer meeting the requirements of this
7.5subdivision has been completed under this chapter within the previous year.
7.6 Sec. 2. Minnesota Statutes 2010, section 245C.04, is amended by adding a subdivision
7.7to read:
7.8 Subd. 7. Shelters serving battered women and the homeless. Organizations
7.9required to initiate studies under section 245C.03, subdivision 7, or section 611A.371
7.10must initiate the study before the individual begins in a position allowing access or direct
7.11contact with persons served by the organization.
7.12 Sec. 3. Minnesota Statutes 2010, section 245C.10, is amended by adding a subdivision
7.13to read:
7.14 Subd. 10. Shelters serving battered women and the homeless. The commissioner
7.15shall recover the cost of background studies initiated under section 245C.03, subdivision
7.167, or 611A.371 through a fee of no more than $20 per study charged to the requesting
7.17entity. The fees collected under this subdivision are appropriated to the commissioner for
7.18the purpose of conducting background studies.
7.19 Sec. 4. Minnesota Statutes 2010, section 611A.371, is amended by adding a
7.20subdivision to read:
7.21 Subd. 2a. Background study; employees and volunteers. (a) A designated shelter
7.22facility must not permit an individual to have access or direct contact, as defined in
7.23section 245C.02, subdivision 11, with persons served by the facility unless a background
7.24study has been completed on the individual by the commissioner of human services, as
7.25provided in chapter 245C.
7.26(b) An individual employed by the designated shelter facility must have a
7.27background check completed upon initial employment and at least annually thereafter. By
7.28July 1, 2013, the facility shall conduct a background check under this section for current
7.29employees initially hired prior to July 1, 2012.
7.30(c) An individual serving the designated shelter facility as a volunteer must have
7.31a background check completed prior to the volunteer performing any tasks that include
7.32access or direct contact with persons served by the facility. A volunteer may be assigned
7.33tasks that include direct contact if a background check on the volunteer meeting the
8.1requirements of this subdivision has been completed by the commissioner of human
8.2services within the previous year.
8.3 Sec. 5. EFFECTIVE DATE.
8.4This article is effective July 1, 2012.
