1.1 	A bill for an act
1.2 	relating to employment; limiting reliance on criminal history for employment 
1.3 	purposes; providing for remedies;amending Minnesota Statutes 2012, sections 
1.4 	181.981, subdivision 1; 364.021; 364.06; 364.09; 364.10.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2012, section 181.981, subdivision 1, is amended to read:
1.7 		Subdivision 1.Limitation on admissibility of criminal history. Information 
1.8 	regarding a criminal history record of an employee or former employee may not be 
1.9 	introduced as evidence in a civil action against a private employer or its employees or 
1.10 	agents that is based on the conduct of the employee or former employee, if:
1.11 	(1) the duties of the position of employment did not expose others to a greater degree 
1.12 	of risk than that created by the employee or former employee interacting with the public 
1.13 	outside of the duties of the position or that might be created by being employed in general;
1.14 	(2) before the occurrence of the act giving rise to the civil action, a court order sealed 
1.15 	any record of the criminal case or the employee or former employee received a pardon; or
1.16 	(3) the record is of an arrest or charge that did not result in a criminal conviction; or
1.17 	(4) the action is based solely upon the employer's compliance with section 364.021.

1.18 	Sec. 2. Minnesota Statutes 2012, section 364.021, is amended to read:
1.19 	364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF 
1.20 	CRIMINAL RECORDS.
1.21 	(a) A public or private employer may not inquire into or consider the criminal record 
1.22 	or criminal history of an applicant for public employment until the applicant has been 
1.23 	selected for an interview by the employer.
2.1 	(b) This section does not apply to the Department of Corrections or to public
2.2 	 employers who have a statutory duty to conduct a criminal history background check 
2.3 	or otherwise take into consideration a potential employee's criminal history during the 
2.4 	hiring process.
2.5 	(c) This section does not prohibit a publican employer from notifying applicants 
2.6 	that law or the employer's policy will disqualify an individual with a particular criminal 
2.7 	history background from employment in particular positions.

2.8 	Sec. 3. Minnesota Statutes 2012, section 364.06, is amended to read:
2.9 	364.06 VIOLATIONS,; PROCEDURE; REMEDIES.
2.10 		Subdivision 1.Public employers. Any complaints or grievances concerning 
2.11 	violations of sections 364.01 to 364.10by public employers shall be processed and 
2.12 	adjudicated in accordance with the procedures set forth in chapter 14, the Administrative 
2.13 	Procedure Act.
2.14 		Subd. 2.Private employers. In addition to other remedies provided by law, an 
2.15 	individual injured by a violation of section 364.021 by a private employer may bring a 
2.16 	civil action to recover damages, plus reasonable attorney fees, and obtain injunctive or 
2.17 	equitable relief.

2.18 	Sec. 4. Minnesota Statutes 2012, section 364.09, is amended to read:
2.19 	364.09 EXCEPTIONS.
2.20 	(a) This chapter does not apply to the licensing process for peace officers; to law 
2.21 	enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire 
2.22 	protection agencies; to eligibility for a private detective or protective agent license; to the 
2.23 	licensing and background study process under chapters 245A and 245C; to eligibility 
2.24 	for school bus driver endorsements; to eligibility for special transportation service 
2.25 	endorsements; to eligibility for a commercial driver training instructor license, which is 
2.26 	governed by section 171.35 and rules adopted under that section; to emergency medical 
2.27 	services personnel, or to the licensing by political subdivisions of taxicab drivers, if the 
2.28 	applicant for the license has been discharged from sentence for a conviction within the ten 
2.29 	years immediately preceding application of a violation of any of the following:
2.30 	(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23, 
2.31 	subdivision 2 or 3;
2.32 	(2) any provision of chapter 152 that is punishable by a maximum sentence of 
2.33 	15 years or more; or
3.1 	(3) a violation of chapter 169 or 169A involving driving under the influence, leaving 
3.2 	the scene of an accident, or reckless or careless driving.
3.3 	This chapter also shall not apply to eligibility for juvenile corrections employment, where 
3.4 	the offense involved child physical or sexual abuse or criminal sexual conduct.
3.5 	(b) This chapter does not apply to a school district or to eligibility for a license 
3.6 	issued or renewed by the Board of Teaching or the commissioner of education.
3.7 	(c) Nothing in this section precludes the Minnesota Police and Peace Officers 
3.8 	Training Board or the state fire marshal from recommending policies set forth in this 
3.9 	chapter to the attorney general for adoption in the attorney general's discretion to apply to 
3.10 	law enforcement or fire protection agencies.
3.11 	(d) This chapter does not apply to a license to practice medicine that has been denied 
3.12 	or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
3.13 	(e) This chapter does not apply to any person who has been denied a license to 
3.14 	practice chiropractic or whose license to practice chiropractic has been revoked by the 
3.15 	board in accordance with section 148.10, subdivision 7.
3.16 	(f) This chapter does not supersede a statutory requirement to conduct a criminal 
3.17 	history background investigation or consider criminal history records in hiring for 
3.18 	particular types of employment.

3.19 	Sec. 5. Minnesota Statutes 2012, section 364.10, is amended to read:
3.20 	364.10 VIOLATION OF CIVIL RIGHTS.
3.21 	Violation of the rights established in sections 364.01 to 364.10 by a public employer 
3.22 	shall constitute a violation of a person's civil rights.