Tribal requested BCA background check passed by House, goes to governor

The number of criminal history background checks conducted by the Bureau of Criminal Apprehension could increase.

Sponsored by Rep. Steve Green (R-Fosston) and Sen. Tony Lourey (DFL-Kerrick), HF1432/SF1563* would require the BCA, upon request by a law enforcement agency of an American Indian tribe with a reservation in Minnesota, to perform a background check. The check would be used “to determine an individual’s eligibility for a license, employment, housing, or candidacy for elective office.”

Rep. Steve Green

A fee charged to the tribe would cover the associated costs.

Passed 129-0 by the House Monday, the bill now goes to the governor. It was passed 60-0 by the Senate March 25.

“The tribes right now are required to do background checks for family violence protection programs, Indian child protection, volunteers in the schools, Head Start, day care and adult day services, and health care,” Green said.

Supporters of the bill brought forth by the Fond du Lac and Blois Forte bands of Ojibwe, previously said they want to be able to work with the BCA for situations where, for example, someone applies with the band for tribal housing.

The bands want the BCA to perform the background checks to ensure timeliness, integrity and result accuracy, Lourey said when the bill was passed by the Senate. “Currently, they use private vendors for this and the performance of the private vendors has been spotty.”

These checks would not be in conflict with background checks being performed under the state tribal gaming compacts.