.................... moves to amend H.F. No. 3553, the first committee engrossment,
Page 9, after line 2, insert:
"Section 1. [332.70] BUSINESS SCREENING SERVICES; DATA PRACTICES.
1.5 Subdivision 1. Definitions. For purposes of this section:
1.6 (a) "Business screening service" means a person regularly engaged in the business
1.7of collecting, assembling, evaluating, or disseminating criminal record information on
1.8individuals for a fee. Business screening service does not include a government entity, as
1.9defined in section 13.02, or the news media.
1.10 (b) "Conviction" has the meaning given in section 609.02, subdivision 5.
1.11 (c) "Criminal record" means a record of an arrest, citation, prosecution, criminal
1.12proceeding, or conviction.
1.13 Subd. 2. Criminal records. A business screening service must not disseminate a
1.14criminal record unless the record has been updated within the previous month.
1.15 Subd. 3. Correction and deletion of records. (a) If the completeness or accuracy
1.16of a criminal record maintained by a business screening service is disputed by the
1.17individual who is the subject of the record, the screening service shall, without charge,
1.18investigate the disputed record. In conducting an investigation, the business screening
1.19service shall review and consider all relevant information submitted by the subject of the
1.20record with respect to the disputed record to determine whether the record maintained by
1.21the screening service accurately reflects the content of the official record as maintained by
1.22the official government custodian.
1.23 (b) (1) If upon investigation, the screening service determines that the record does
1.24not accurately reflect the content of the official record, the screening service shall correct
1.25the disputed record so as to accurately reflect the content of the official record. However,
1.26if the subject of the record claims that the criminal record provided by the official
1.27government custodian to the screening service is incomplete or inaccurate, the screening
2.1service shall provide to the subject of the record the name and address of the government
2.2custodian that maintains the official record. It is the responsibility of the subject of the
2.3record to obtain correction of the criminal record maintained by the official government
2.4custodian. Upon receipt of sufficient and reliable documentation of the correction of the
2.5criminal record by the government custodian the screening service shall correct its record.
2.6 (2) If the disputed record is found to be sealed, expunged, or the subject of a pardon,
2.7the business screening service shall promptly delete the record.
2.8 (c) A business screening service may terminate an investigation of a disputed record
2.9if the business screening agency reasonably determines that the dispute is frivolous, which
2.10may be based on the failure of the subject of the record to provide sufficient information to
2.11investigate the disputed record. Upon making a determination that the dispute is frivolous,
2.12the business screening service shall inform the subject of the record of the specific reasons
2.13why it has determined that the dispute is frivolous and provide a description of any
2.14information required to investigate the disputed record.
2.15 (d) The business screening service shall notify the subject of the disputed record
2.16of the correction or deletion of the record or of the termination or completion of the
2.17investigation related to the record within 30 days of the date when the agency receives
2.18notice of the dispute from the subject of the record.
2.19 Subd. 4. Date and notice required. A business screening service that disseminates
2.20a criminal record must include the date when the record was collected and a notice that the
2.21information may include records that have been expunged or sealed or otherwise have
2.22become inaccessible to the public since that date.
2.23 Subd. 5. Remedies; relationship to FCRA. (a) A business screening service that
2.24violates this section is liable to the individual who is the subject of the record for a penalty
2.25of $1,000 or actual damages caused by the violation, whichever is greater, plus costs and
2.26disbursements and reasonable attorney fees.
2.27 (b) A business screening service in compliance with the applicable provisions of the
2.28Fair Credit Reporting Act, United State Code, title 15, section 1681, et seq., is considered
2.29to be in compliance with this section. Those entities are subject to the state remedies under
2.30this subdivision when their actions would violate this section and federal law.
2.31 Subd. 6. Service of process; jurisdiction. A business screening service that
2.32disseminates criminal record information in this state or that obtains a criminal record
2.33from a government entity, as defined in section 13.02, or a court in this state is deemed to
2.34have consented to service of process in this state for purposes of section 5.25, subdivision
2.354, or other applicable law and to the jurisdiction of courts in this state for actions involving
2.36a violation of this section or for the recovery of remedies under this section.
Renumber the sections in sequence and correct the internal references
Amend the title accordingly