Bill Text: MN HF2302 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Predatory offenders prohibited from serving as hotel or motel employees, and background check required.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-02-15 - Introduction and first reading, referred to Public Safety and Crime Prevention Policy and Finance [HF2302 Detail]
Download: Minnesota-2011-HF2302-Introduced.html
1.2relating to public safety; prohibiting predatory offenders from serving as hotel or
1.3motel employees; requiring background checks; amending Minnesota Statutes
1.42010, sections 299C.67, by adding subdivisions; 299C.68; 299C.69; 299C.70;
1.5proposing coding for new law in Minnesota Statutes, chapter 609.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 299C.67, is amended by adding a
1.8subdivision to read:
1.9 Subd. 2a. Employee. "Employee" means an individual who is hired or applying to
1.10be hired by a public accommodation operator who has or would have the means, within
1.11the scope of the individual's duties, to enter a room where a guest is present.
1.12 Sec. 2. Minnesota Statutes 2010, section 299C.67, is amended by adding a subdivision
1.13to read:
1.14 Subd. 4a. Operator. "Operator" means an individual who owns or manages a hotel,
1.15motel, or other form of public accommodation.
1.16 Sec. 3. Minnesota Statutes 2010, section 299C.68, is amended to read:
1.17299C.68 BACKGROUND CHECK ON RESIDENTIAL BUILDING
1.18MANAGER.
1.19 Subdivision 1. When required; apartment manager. Before hiring a manager, an
1.20owner shall request the superintendent to conduct a background check under this section.
1.21An owner may employ a manager after requesting a background check under this section
1.22before receipt of the background check report, provided that the owner complies with
2.1section299C.69 . An owner may request a background check for a currently employed
2.2manager under this section. By July 1, 1996, an owner shall request the superintendent to
2.3conduct a background check under this section for managers hired before July 1, 1995,
2.4who are currently employed.
2.5 Subd. 1a. When required; public accommodation employee. Before hiring an
2.6employee, an operator shall request the superintendent to conduct a background check
2.7under this section. An operator may employ an employee after requesting a background
2.8check under this section before receipt of the background check report, provided that the
2.9operator complies with section299C.69 . An operator may request a background check
2.10for a current employee under this section. By July 1, 2012, an operator shall request the
2.11superintendent to conduct a background check under this section for employees hired
2.12before July 1, 2011, who are currently employed.
2.13 Subd. 2. Procedures. The superintendent shall develop procedures to enable an
2.14owner or operator to request a background check to determine whether a manager or
2.15employee is the subject of a reported conviction for a background check crime. The
2.16superintendent shall perform the background check by retrieving and reviewing data
2.17on background check crimes. The superintendent shall notify the owner or operator
2.18in writing of the results of the background check. If the manager or employee has
2.19resided in Minnesota for less than ten years or upon request of the owner or operator,
2.20the superintendent shall also either: (1) conduct a search of the national criminal
2.21records repository, including the criminal justice data communications network; or (2)
2.22conduct a search of the criminal justice data communications network records in the
2.23state or states where the manager or employee has resided for the preceding ten years.
2.24The superintendent is authorized to exchange fingerprints with the Federal Bureau of
2.25Investigation for purposes of the criminal history check. The superintendent shall recover
2.26the cost of a background check through a fee charged to the owner or operator.
2.27 Subd. 3. Form. (a) The superintendent shall develop a standardized form to be used
2.28for requesting a background check, which must include:
2.29(1) a notification to the manager or employee that the owner or operator will request
2.30the superintendent to perform a background check under this section;
2.31(2) a notification to the manager or employee of themanager's individual's rights
2.32under subdivision 4; and
2.33(3) a signed consent by the manager or employee to conduct the background check.
2.34(b) If the manager or employee has resided in Minnesota for less than ten years, or if
2.35the owner or operator is requesting a search of the national criminal records repository,
3.1the form must be accompanied by the fingerprints of themanager individual on whom
3.2the background check is to be performed.
3.3 Subd. 4. Manager's or employee's rights. (a) The owner or operator shall notify
3.4the manager or employee of themanager's individual's rights under paragraph (b).
3.5(b) A manager or employee who is the subject of a background check request has
3.6the following rights:
3.7(1) the right to be informed that the owner or operator will request a background
3.8check on the manager or employee to determine whether themanager individual has been
3.9convicted of a crime specified in section299C.67, subdivision 2 ;
3.10(2) the right to be informed by the owner or operator of the superintendent's
3.11response to the background check and to obtain from the owner or operator a copy of the
3.12background check report;
3.13(3) the right to obtain from the superintendent any record that forms the basis for
3.14the report;
3.15(4) the right to challenge the accuracy and completeness of information contained in
3.16the report or record under section13.04, subdivision 4 ; and
3.17(5) the right to be informed by the owner or operator if themanager's individual's
3.18 application to be employed by the owneror to continue as an employee or operator has
3.19been denied or if the individual's employment is terminated because of the result of the
3.20background check.
3.21 Subd. 5. Response of bureau. The superintendent shall respond in writing to
3.22a background check request within a reasonable time not to exceed ten working days
3.23after receiving the signed form under subdivision 3. The superintendent's response from
3.24the search of the Minnesota computerized criminal history system must clearly indicate
3.25whether themanager individual has ever been convicted of a background check crime
3.26and, if so, a description of the crime, date and jurisdiction of the conviction, and date of
3.27discharge of sentence. If a search is being done of the national criminal records repository,
3.28the superintendent shall determine eligibility based upon national records received. The
3.29superintendent shall reply to the owner or operator in writing indicating whether the
3.30manager individual is or is not eligible for employment.
3.31 Subd. 6. Equivalent background check. (a) An owner or operator may satisfy the
3.32requirements of this section: (1) by obtaining a copy of a completed background check that
3.33was required to be performed by the Department of Human Services as provided for under
3.34section144.057 and chapter 245C, and then placing the copy on file with the owner or
3.35operator; (2) in the case of a background check performed on a manager for one residential
3.36setting when multiple residential settings are operated by one owner, by placing the results
4.1in a central location; or (3) by obtaining a background check from a private business or a
4.2local law enforcement agency rather than the superintendent if the scope of the background
4.3check provided by the private business or local law enforcement agency is at least as
4.4broad as that of a background check performed by the superintendent and the response to
4.5the background check request occurs within a reasonable time not to exceed ten working
4.6days after receiving the signed form described in subdivision 3. Local law enforcement
4.7agencies may access the criminal justice data network to perform the background check.
4.8(b) A private business or local law enforcement agency providing a background
4.9check under this section must use a notification form similar to the form described in
4.10subdivision 3, except that the notification form must indicate that the background check
4.11will be performed by the private business or local law enforcement agency using records
4.12of the superintendent and other data sources.
4.13 Sec. 4. Minnesota Statutes 2010, section 299C.69, is amended to read:
4.14299C.69 OWNER OR OPERATOR DUTIES IF MANAGER OR EMPLOYEE
4.15CONVICTED OF CRIME.
4.16(a) If the superintendent's response indicates that the manager or employee has
4.17been convicted of a background check crime defined in section299C.67, subdivision
4.182 , paragraph (a), the owner or operator may not hire the manager individual or, if the
4.19manager individual was hired pending completion of the background check, shall
4.20terminate themanager's individual's employment. Except as provided in paragraph (c), if
4.21an owner or operator otherwise knows that a manager or employee has been convicted of
4.22a background check crime defined in section299C.67, subdivision 2 , paragraph (a), the
4.23owner or operator shall terminate themanager's individual's employment.
4.24(b) If the superintendent's response indicates that themanager individual has been
4.25convicted of a background check crime defined in section299C.67, subdivision 2 ,
4.26paragraph (b), the owner or operator may not hire themanager individual unless more
4.27than ten years have elapsed since the date of discharge of the sentence. If themanager
4.28individual was hired pending completion of the background check, the owner or operator
4.29shall terminate themanager's individual's employment unless more than ten years have
4.30elapsed since the date of discharge of the sentence. Except as provided in paragraph (c), if
4.31an owner or operator otherwise knows thata manager an individual has been convicted of
4.32a background check crime defined in section299C.67, subdivision 2 , paragraph (b), the
4.33owner or operator shall terminate themanager's individual's employment unless more than
4.34ten years have elapsed since the date of discharge of the sentence.
5.1(c) If an owner knows that a manager hired before July 1, 1995, was convicted
5.2of a background check crime for an offense committed before July 1, 1995, the owner
5.3may continue to employ the manager. However, the owner shall notify all tenants and
5.4prospective tenants whose dwelling units would be accessible to the manager of the
5.5crime for which the manager has been convicted and of the right of a current tenant to
5.6terminate the tenancy under this paragraph, if the manager was convicted of a background
5.7check crime defined in:
5.8(1) section299C.67, subdivision 2 , paragraph (a); or
5.9(2) section299C.67, subdivision 2 , paragraph (b), unless more than ten years have
5.10elapsed since the sentence was discharged.
5.11Notwithstanding a lease provision to the contrary, a current tenant who receives a notice
5.12under this paragraph may terminate the tenancy within 60 days of receipt of the notice by
5.13giving the owner at least 14 days' advance notice of the termination date.
5.14(d) The owner or operator shall notify the manager or employee of any action taken
5.15under this subdivision.
5.16(e) If an owner or operator is required to terminatea manager's an individual's
5.17employment under paragraph (a) or (b), or terminates a manager's employment in lieu
5.18of notifying tenants under paragraph (c), the owner or operator is not liable under any
5.19law, contract, or agreement, including liability for unemployment insurance claims, for
5.20terminating themanager's individual's employment in accordance with this section.
5.21Notwithstanding a lease or agreement governing termination of the tenancy, if the
5.22manager whose employment is terminated is also a tenant, the owner may terminate the
5.23tenancy immediately upon giving notice to the manager. An eviction action to enforce
5.24the termination of the tenancy must be treated as a priority writ under sections504B.321 ;
5.25504B.335
;
504B.345, subdivision 1 ;
504B.361, subdivision 2 ; and
504B.365, subdivision
5.262 .
5.27 Sec. 5. Minnesota Statutes 2010, section 299C.70, is amended to read:
5.28299C.70 PENALTY.
5.29An owner or operator who knowingly fails to comply with the requirements of
5.30section299C.68 or
299C.69 is guilty of a petty misdemeanor.
5.31 Sec. 6. [609.354] RESTRICTIONS ON OWNERSHIP OR MANAGEMENT
5.32OF PUBLIC ACCOMMODATIONS BY PERSONS CONVICTED OF CERTAIN
5.33CRIMES AND PREDATORY OFFENDERS.
6.1 Subdivision 1. Prohibition. A person who has been convicted of one of the
6.2following offenses, or a similar offense in another state or jurisdiction, or who is required
6.3to register as a predatory offender, may not operate or manage a hotel, motel, or other
6.4form of public accommodation:
6.5(1) prostitution under section 609.321, 609.324, or 609.3242;
6.6(2) criminal sexual conduct under sections 609.342 to 609.3451;
6.7(3) solicitation of children under section 609.352;
6.8(4) indecent exposure under section 617.23;
6.9(5) distribution or exhibition of obscene materials and performances under section
6.10617.241;
6.11(6) use of a minor in a sexual performance under section 617.246; or
6.12(7) possession of pornographic work involving minors under section 617.247.
6.13 Subd. 2. Penalty. A person who violates this section is guilty of a felony.
6.14 Sec. 7. REVISOR'S INSTRUCTION.
6.15The revisor shall update Minnesota Statutes, chapter 609B, to reflect the changes to
6.16law contained in this act.
1.3motel employees; requiring background checks; amending Minnesota Statutes
1.42010, sections 299C.67, by adding subdivisions; 299C.68; 299C.69; 299C.70;
1.5proposing coding for new law in Minnesota Statutes, chapter 609.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 299C.67, is amended by adding a
1.8subdivision to read:
1.9 Subd. 2a. Employee. "Employee" means an individual who is hired or applying to
1.10be hired by a public accommodation operator who has or would have the means, within
1.11the scope of the individual's duties, to enter a room where a guest is present.
1.12 Sec. 2. Minnesota Statutes 2010, section 299C.67, is amended by adding a subdivision
1.13to read:
1.14 Subd. 4a. Operator. "Operator" means an individual who owns or manages a hotel,
1.15motel, or other form of public accommodation.
1.16 Sec. 3. Minnesota Statutes 2010, section 299C.68, is amended to read:
1.17299C.68 BACKGROUND CHECK ON RESIDENTIAL BUILDING
1.18MANAGER.
1.19 Subdivision 1. When required; apartment manager. Before hiring a manager, an
1.20owner shall request the superintendent to conduct a background check under this section.
1.21An owner may employ a manager after requesting a background check under this section
1.22before receipt of the background check report, provided that the owner complies with
2.1section
2.2manager under this section. By July 1, 1996, an owner shall request the superintendent to
2.3conduct a background check under this section for managers hired before July 1, 1995,
2.4who are currently employed.
2.5 Subd. 1a. When required; public accommodation employee. Before hiring an
2.6employee, an operator shall request the superintendent to conduct a background check
2.7under this section. An operator may employ an employee after requesting a background
2.8check under this section before receipt of the background check report, provided that the
2.9operator complies with section
2.10for a current employee under this section. By July 1, 2012, an operator shall request the
2.11superintendent to conduct a background check under this section for employees hired
2.12before July 1, 2011, who are currently employed.
2.13 Subd. 2. Procedures. The superintendent shall develop procedures to enable an
2.14owner or operator to request a background check to determine whether a manager or
2.15employee is the subject of a reported conviction for a background check crime. The
2.16superintendent shall perform the background check by retrieving and reviewing data
2.17on background check crimes. The superintendent shall notify the owner or operator
2.18in writing of the results of the background check. If the manager or employee has
2.19resided in Minnesota for less than ten years or upon request of the owner or operator,
2.20the superintendent shall also either: (1) conduct a search of the national criminal
2.21records repository, including the criminal justice data communications network; or (2)
2.22conduct a search of the criminal justice data communications network records in the
2.23state or states where the manager or employee has resided for the preceding ten years.
2.24The superintendent is authorized to exchange fingerprints with the Federal Bureau of
2.25Investigation for purposes of the criminal history check. The superintendent shall recover
2.26the cost of a background check through a fee charged to the owner or operator.
2.27 Subd. 3. Form. (a) The superintendent shall develop a standardized form to be used
2.28for requesting a background check, which must include:
2.29(1) a notification to the manager or employee that the owner or operator will request
2.30the superintendent to perform a background check under this section;
2.31(2) a notification to the manager or employee of the
2.32under subdivision 4; and
2.33(3) a signed consent by the manager or employee to conduct the background check.
2.34(b) If the manager or employee has resided in Minnesota for less than ten years, or if
2.35the owner or operator is requesting a search of the national criminal records repository,
3.1the form must be accompanied by the fingerprints of the
3.2the background check is to be performed.
3.3 Subd. 4. Manager's or employee's rights. (a) The owner or operator shall notify
3.4the manager or employee of the
3.5(b) A manager or employee who is the subject of a background check request has
3.6the following rights:
3.7(1) the right to be informed that the owner or operator will request a background
3.8check on the manager or employee to determine whether the
3.9convicted of a crime specified in section
3.10(2) the right to be informed by the owner or operator of the superintendent's
3.11response to the background check and to obtain from the owner or operator a copy of the
3.12background check report;
3.13(3) the right to obtain from the superintendent any record that forms the basis for
3.14the report;
3.15(4) the right to challenge the accuracy and completeness of information contained in
3.16the report or record under section
3.17(5) the right to be informed by the owner or operator if the
3.18 application to be employed by the owner
3.19been denied or if the individual's employment is terminated because of the result of the
3.20background check.
3.21 Subd. 5. Response of bureau. The superintendent shall respond in writing to
3.22a background check request within a reasonable time not to exceed ten working days
3.23after receiving the signed form under subdivision 3. The superintendent's response from
3.24the search of the Minnesota computerized criminal history system must clearly indicate
3.25whether the
3.26and, if so, a description of the crime, date and jurisdiction of the conviction, and date of
3.27discharge of sentence. If a search is being done of the national criminal records repository,
3.28the superintendent shall determine eligibility based upon national records received. The
3.29superintendent shall reply to the owner or operator in writing indicating whether the
3.30
3.31 Subd. 6. Equivalent background check. (a) An owner or operator may satisfy the
3.32requirements of this section: (1) by obtaining a copy of a completed background check that
3.33was required to be performed by the Department of Human Services as provided for under
3.34section
3.35operator; (2) in the case of a background check performed on a manager for one residential
3.36setting when multiple residential settings are operated by one owner, by placing the results
4.1in a central location; or (3) by obtaining a background check from a private business or a
4.2local law enforcement agency rather than the superintendent if the scope of the background
4.3check provided by the private business or local law enforcement agency is at least as
4.4broad as that of a background check performed by the superintendent and the response to
4.5the background check request occurs within a reasonable time not to exceed ten working
4.6days after receiving the signed form described in subdivision 3. Local law enforcement
4.7agencies may access the criminal justice data network to perform the background check.
4.8(b) A private business or local law enforcement agency providing a background
4.9check under this section must use a notification form similar to the form described in
4.10subdivision 3, except that the notification form must indicate that the background check
4.11will be performed by the private business or local law enforcement agency using records
4.12of the superintendent and other data sources.
4.13 Sec. 4. Minnesota Statutes 2010, section 299C.69, is amended to read:
4.14299C.69 OWNER OR OPERATOR DUTIES IF MANAGER OR EMPLOYEE
4.15CONVICTED OF CRIME.
4.16(a) If the superintendent's response indicates that the manager or employee has
4.17been convicted of a background check crime defined in section
4.182
4.19
4.20terminate the
4.21an owner or operator otherwise knows that a manager or employee has been convicted of
4.22a background check crime defined in section
4.23owner or operator shall terminate the
4.24(b) If the superintendent's response indicates that the
4.25convicted of a background check crime defined in section
4.26paragraph (b), the owner or operator may not hire the
4.27than ten years have elapsed since the date of discharge of the sentence. If the
4.28individual was hired pending completion of the background check, the owner or operator
4.29shall terminate the
4.30elapsed since the date of discharge of the sentence. Except as provided in paragraph (c), if
4.31an owner or operator otherwise knows that
4.32a background check crime defined in section
4.33owner or operator shall terminate the
4.34ten years have elapsed since the date of discharge of the sentence.
5.1(c) If an owner knows that a manager hired before July 1, 1995, was convicted
5.2of a background check crime for an offense committed before July 1, 1995, the owner
5.3may continue to employ the manager. However, the owner shall notify all tenants and
5.4prospective tenants whose dwelling units would be accessible to the manager of the
5.5crime for which the manager has been convicted and of the right of a current tenant to
5.6terminate the tenancy under this paragraph, if the manager was convicted of a background
5.7check crime defined in:
5.8(1) section
5.9(2) section
5.10elapsed since the sentence was discharged.
5.11Notwithstanding a lease provision to the contrary, a current tenant who receives a notice
5.12under this paragraph may terminate the tenancy within 60 days of receipt of the notice by
5.13giving the owner at least 14 days' advance notice of the termination date.
5.14(d) The owner or operator shall notify the manager or employee of any action taken
5.15under this subdivision.
5.16(e) If an owner or operator is required to terminate
5.17employment under paragraph (a) or (b), or terminates a manager's employment in lieu
5.18of notifying tenants under paragraph (c), the owner or operator is not liable under any
5.19law, contract, or agreement, including liability for unemployment insurance claims, for
5.20terminating the
5.21Notwithstanding a lease or agreement governing termination of the tenancy, if the
5.22manager whose employment is terminated is also a tenant, the owner may terminate the
5.23tenancy immediately upon giving notice to the manager. An eviction action to enforce
5.24the termination of the tenancy must be treated as a priority writ under sections
5.262
5.27 Sec. 5. Minnesota Statutes 2010, section 299C.70, is amended to read:
5.28299C.70 PENALTY.
5.29An owner or operator who knowingly fails to comply with the requirements of
5.30section
5.31 Sec. 6. [609.354] RESTRICTIONS ON OWNERSHIP OR MANAGEMENT
5.32OF PUBLIC ACCOMMODATIONS BY PERSONS CONVICTED OF CERTAIN
5.33CRIMES AND PREDATORY OFFENDERS.
6.1 Subdivision 1. Prohibition. A person who has been convicted of one of the
6.2following offenses, or a similar offense in another state or jurisdiction, or who is required
6.3to register as a predatory offender, may not operate or manage a hotel, motel, or other
6.4form of public accommodation:
6.5(1) prostitution under section 609.321, 609.324, or 609.3242;
6.6(2) criminal sexual conduct under sections 609.342 to 609.3451;
6.7(3) solicitation of children under section 609.352;
6.8(4) indecent exposure under section 617.23;
6.9(5) distribution or exhibition of obscene materials and performances under section
6.10617.241;
6.11(6) use of a minor in a sexual performance under section 617.246; or
6.12(7) possession of pornographic work involving minors under section 617.247.
6.13 Subd. 2. Penalty. A person who violates this section is guilty of a felony.
6.14 Sec. 7. REVISOR'S INSTRUCTION.
6.15The revisor shall update Minnesota Statutes, chapter 609B, to reflect the changes to
6.16law contained in this act.
