1.1    .................... moves to amend H. F. No. 2955 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 123B.03, subdivision 3, is amended to
1.4read:
1.5    Subd. 3. Definitions. For purposes of this section:
1.6    (a) "School" means a school as defined in section 120A.22, subdivision 4, except
1.7a home school, and includes a school receiving tribal contract or grant school aid under
1.8section 124D.83; school, for the purposes of this section, also means a service cooperative,
1.9a special education cooperative, or an education district under Minnesota Statutes 1997
1.10Supplement, section 123.35, a charter school under section 124D.10, and a joint powers
1.11district under section 471.59.
1.12    (b) "School hiring authority" means the school principal or other person having
1.13general control and supervision of the school.
1.14    (c) "Security violations" means failing to prevent or failing to institute safeguards
1.15to prevent the access, use, retention, or dissemination of information in violation of the
1.16security and management control outsourcing standard established by the state compact
1.17officer under section 299C.58, article 1, paragraph (2), item (b). A third party contractor
1.18that has engaged in security violations is ineligible to participate under this section and a
1.19school hiring authority must not contract with such a contractor.

1.20    Sec. 2. Minnesota Statutes 2006, section 123B.03, is amended by adding a subdivision
1.21to read:
1.22    Subd. 4. Third-party contractors; responsibility for criminal history record
1.23information. (a) For purposes of this section, a school hiring authority may contract with
1.24an eligible third party to conduct the criminal history background check required under
1.25subdivision 1. Before entering into the contract, the school hiring authority must:
2.1    (1) provide the state compact officer with the name of the proposed third party
2.2contractor and a copy of the proposed contract;
2.3    (2) determine from the state compact officer whether the proposed contractor has
2.4engaged in security violations; and
2.5    (3) request and receive permission from the state compact officer to enter into the
2.6contract with the proposed contractor.
2.7    (b) The contract must specify the purposes for which the background check
2.8information may be made available and shall incorporate into the contract by reference
2.9the management control outsourcing standard under subdivision 3, paragraph (c). A
2.10third-party contractor under this section is subject to section 13.05, subdivision 11.
2.11    (c) A school hiring authority must inform an individual who is the subject of a
2.12criminal history background check by a third-party contractor that the individual has the
2.13right to request and obtain from the school hiring authority a copy of the background
2.14check report. A school hiring authority may charge the individual for the actual cost of
2.15providing a copy of the report. An individual who is the subject of a criminal history
2.16background check by a third-party contractor has the right to challenge the accuracy and
2.17completeness of any information contained in the background check report, consistent
2.18with section 13.04, subdivision 4."
2.19Amend the title accordingly