1.1                          A bill for an act 
  1.2             relating to data practices; apartment manager 
  1.3             background checks; requiring certain checks to be 
  1.4             performed on individuals who have resided in Minnesota 
  1.5             less than ten years; amending Minnesota Statutes 2000, 
  1.6             section 299C.68, subdivisions 2 and 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 299C.68, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [PROCEDURES.] The superintendent shall develop 
  1.11  procedures to enable an owner to request a background check to 
  1.12  determine whether a manager is the subject of a reported 
  1.13  conviction for a background check crime.  The superintendent 
  1.14  shall perform the background check by retrieving and reviewing 
  1.15  data on background check crimes maintained in the CJIS 
  1.16  computers.  The superintendent shall notify the owner in writing 
  1.17  of the results of the background check.  If the manager has 
  1.18  resided in Minnesota for less than ~~five~~ ten years or upon 
  1.19  request of the owner, the superintendent shall also either:  (1) 
  1.20  conduct a search of the national criminal records repository, 
  1.21  including the criminal justice data communications network; or 
  1.22  (2) conduct a search of the criminal justice data communications 
  1.23  network records in the state or states where the manager has 
  1.24  resided for the preceding ~~five~~ ten years.  The superintendent is 
  1.25  authorized to exchange fingerprints with the Federal Bureau of 
  1.26  Investigation for purposes of the criminal history check.  The 
  2.1   superintendent shall recover the cost of a background check 
  2.2   through a fee charged to the owner. 
  2.3      Sec. 2.  Minnesota Statutes 2000, section 299C.68, 
  2.4   subdivision 3, is amended to read: 
  2.5      Subd. 3.  [FORM.] (a) The superintendent shall develop a 
  2.6   standardized form to be used for requesting a background check, 
  2.7   which must include: 
  2.8      (1) a notification to the manager that the owner will 
  2.9   request the superintendent to perform a background check under 
  2.10  this section; 
  2.11     (2) a notification to the manager of the manager's rights 
  2.12  under subdivision 4; and 
  2.13     (3) a signed consent by the manager to conduct the 
  2.14  background check. 
  2.15     (b) If the manager has resided in Minnesota for less than 
  2.16  ~~five~~ ten years, or if the owner is requesting a search of the 
  2.17  national criminal records repository, the form must be 
  2.18  accompanied by the fingerprints of the manager on whom the 
  2.19  background check is to be performed.