1.1.................... moves to amend H.F. No. 2467 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2012, section 245C.02, is amended by adding a
1.4subdivision to read:
1.5    Subd. 4a. Authorized fingerprint collection vendor. "Authorized fingerprint
1.6collection vendor" means a qualified organization under a written contract with the
1.7commissioner to provide services in accordance with section 245C.05, subdivision 5,
1.8paragraph (d).

1.9    Sec. 2. Minnesota Statutes 2012, section 245C.02, is amended by adding a subdivision
1.10to read:
1.11    Subd. 13a. NETStudy. "NETStudy" means the commissioner's online system
1.12implemented in July 2004 and used by entities for submitting background study requests
1.13required under this chapter.

1.14    Sec. 3. Minnesota Statutes 2012, section 245C.02, is amended by adding a subdivision
1.15to read:
1.16    Subd. 13b. NETStudy 2.0. "NETStudy 2.0" means the commissioner's system
1.17that replaces both NETStudy and the department's internal background study processing
1.18system. NETStudy 2.0 is designed to enhance protection of children and vulnerable adults
1.19by improving the accuracy of background studies through fingerprint-based criminal record
1.20checks and expanding the background studies to include a review of information from
1.21the Minnesota Court Information System and the national crime information database.
1.22NETStudy 2.0 is also designed to increase efficiencies in and speed of the hiring process by:
1.23(1) providing access to and updates from public web-based data related to
1.24employment eligibility;
2.1(2) decreasing the need for repeat studies through electronic updates of background
2.2study subjects' criminal records;
2.3(3) supporting identity verification using subjects' Social Security numbers and
2.4photographs;
2.5(4) using electronic employer notifications; and
2.6(5) issuing immediate verification of subjects' eligibility to provide services as more
2.7studies are completed under the NETStudy 2.0 system.

2.8    Sec. 4. Minnesota Statutes 2012, section 245C.02, is amended by adding a subdivision
2.9to read:
2.10    Subd. 17a. Roster. (a) "Roster" means the electronic method used to identify the
2.11entity or entities required to conduct background studies under this chapter with which a
2.12background subject is affiliated. There are three types of rosters: active roster, inactive
2.13roster, and master roster.
2.14(b) "Active roster" means the list of individuals specific to an entity who have been
2.15determined eligible under this chapter to provide services for the entity and who the entity
2.16has identified as affiliated. An individual shall remain on the entity's active roster and is
2.17considered affiliated until the commissioner determines the individual is ineligible or the
2.18entity removes the individual from the entity's active roster.
2.19(c) "Inactive roster" means the list maintained by the commissioner of individuals
2.20who are eligible under this chapter to provide services and are not on an active roster.
2.21Individuals shall remain on the inactive roster for no more than 180 consecutive days,
2.22unless the individual submits a written request to the commissioner requesting to remain
2.23on the inactive roster for a longer period of time. Upon the commissioner's receipt of
2.24information that may cause an individual on the inactive roster to be disqualified under
2.25this chapter, the commissioner shall remove the individual from the inactive roster, and if
2.26the individual again seeks a position requiring a background study, the individual shall be
2.27required to complete a new background study.
2.28(d) "Master roster" means the list maintained by the commissioner of all individuals
2.29who, as a result of a background study under this chapter, and regardless of affiliation with
2.30an entity, are determined by the commissioner to be eligible to provide services for one
2.31or more entities. The master roster includes all background study subjects on rosters
2.32under paragraphs (b) and (c).

2.33    Sec. 5. Minnesota Statutes 2012, section 245C.03, subdivision 2, is amended to read:
3.1    Subd. 2. Personal care provider organizations and community first services and
3.2supports workers. The commissioner shall conduct background studies on any individual
3.3required under sections 256B.0651 to 256B.0656 and, 256B.0659, and 256B.85 to have a
3.4background study completed under this chapter.

3.5    Sec. 6. Minnesota Statutes 2012, section 245C.03, is amended by adding a subdivision
3.6to read:
3.7    Subd. 8. Self-initiated background studies. Upon implementation of NETStudy
3.82.0, the commissioner shall conduct background studies according to this chapter when
3.9initiated by an individual who is not on the master roster. A subject under this subdivision
3.10who is not disqualified must be placed on the inactive roster.

3.11    Sec. 7. Minnesota Statutes 2012, section 245C.04, subdivision 1, is amended to read:
3.12    Subdivision 1. Licensed programs. (a) The commissioner shall conduct a
3.13background study of an individual required to be studied under section 245C.03,
3.14subdivision 1 , at least upon application for initial license for all license types.
3.15    (b) The commissioner shall conduct a background study of an individual required
3.16to be studied under section 245C.03, subdivision 1, at reapplication for a license for
3.17family child care.
3.18    (c) The commissioner is not required to conduct a study of an individual at the time
3.19of reapplication for a license if the individual's background study was completed by the
3.20commissioner of human services for an adult foster care license holder that is also:
3.21    (1) registered under chapter 144D; or
3.22    (2) licensed to provide home and community-based services to people with
3.23disabilities at the foster care location and the license holder does not reside in the foster
3.24care residence; and
3.25    (3) the following conditions are met:
3.26    (i) a study of the individual was conducted either at the time of initial licensure or
3.27when the individual became affiliated with the license holder;
3.28    (ii) the individual has been continuously affiliated with the license holder since
3.29the last study was conducted; and
3.30    (iii) the last study of the individual was conducted on or after October 1, 1995.
3.31    (d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall
3.32conduct a study of an individual required to be studied under section 245C.03, at the
3.33time of reapplication for a child foster care license. The county or private agency shall
3.34collect and forward to the commissioner the information required under section 245C.05,
4.1subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background
4.2study conducted by the commissioner of human services under this paragraph must
4.3include a review of the information required under section 245C.08, subdivisions 1,
4.4paragraph (a), clauses (1) to (5), 3, and 4.
4.5    (e) The commissioner of human services shall conduct a background study of an
4.6individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2)
4.7to (6), who is newly affiliated with a child foster care license holder. The county or
4.8private agency shall collect and forward to the commissioner the information required
4.9under section 245C.05, subdivisions 1 and 5. The background study conducted by the
4.10commissioner of human services under this paragraph must include a review of the
4.11information required under section 245C.08, subdivisions 1, 3, and 4.
4.12    (f) From January 1, 2010, to December 31, 2012, unless otherwise specified in
4.13paragraph (c), the commissioner shall conduct a study of an individual required to
4.14be studied under section 245C.03 at the time of reapplication for an adult foster care
4.15or family adult day services license: (1) the county shall collect and forward to the
4.16commissioner the information required under section 245C.05, subdivision 1, paragraphs
4.17(a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted
4.18by the commissioner for all family adult day services and for adult foster care when
4.19the adult foster care license holder resides in the adult foster care or family adult day
4.20services residence; (2) the license holder shall collect and forward to the commissioner
4.21the information required under section 245C.05, subdivisions 1, paragraphs (a) and (b);
4.22and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for
4.23adult foster care when the license holder does not reside in the adult foster care residence;
4.24and (3) the background study conducted by the commissioner under this paragraph must
4.25include a review of the information required under section 245C.08, subdivision 1,
4.26paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.
4.27(g) The commissioner shall conduct a background study of an individual specified
4.28under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly
4.29affiliated with an adult foster care or family adult day services license holder: (1) the
4.30county shall collect and forward to the commissioner the information required under
4.31section 245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraphs (a)
4.32and (b), for background studies conducted by the commissioner for all family adult day
4.33services and for adult foster care when the adult foster care license holder resides in
4.34the adult foster care residence; (2) the license holder shall collect and forward to the
4.35commissioner the information required under section 245C.05, subdivisions 1, paragraphs
4.36(a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the
5.1commissioner for adult foster care when the license holder does not reside in the adult
5.2foster care residence; and (3) the background study conducted by the commissioner under
5.3this paragraph must include a review of the information required under section 245C.08,
5.4subdivision 1 , paragraph (a), and subdivisions 3 and 4.
5.5(h) Applicants for licensure, license holders, and other entities as provided in this
5.6chapter must submit completed background study forms to the commissioner before
5.7individuals specified in section 245C.03, subdivision 1, begin positions allowing direct
5.8contact in any licensed program.
5.9    (i) A license holder For an individual who is not on the entity's active roster,
5.10the entity must initiate a new background study through the commissioner's online
5.11background study system when:
5.12    (1) an individual returns to a position requiring a background study following an
5.13absence of 90 or more consecutive days; or
5.14    (2) a program that discontinued providing licensed direct contact services for 90 or
5.15more consecutive days begins to provide direct contact licensed services again.
5.16    The license holder shall maintain a copy of the notification provided to
5.17the commissioner under this paragraph in the program's files. If the individual's
5.18disqualification was previously set aside for the license holder's program and the new
5.19background study results in no new information that indicates the individual may pose a
5.20risk of harm to persons receiving services from the license holder, the previous set-aside
5.21shall remain in effect.
5.22    (j) For purposes of this section, a physician licensed under chapter 147 is considered
5.23to be continuously affiliated upon the license holder's receipt from the commissioner of
5.24health or human services of the physician's background study results.
5.25(k) For purposes of family child care, a substitute caregiver must receive repeat
5.26background studies at the time of each license renewal.

5.27    Sec. 8. Minnesota Statutes 2013 Supplement, section 245C.04, subdivision 4a, is
5.28amended to read:
5.29    Subd. 4a. Agency background studies; electronic criminal case information
5.30updates; rosters; and criteria for eliminating repeat background studies. (a) The
5.31commissioner shall develop and implement an electronic process as a part of NETStudy
5.322.0 for the regular transfer of new criminal case information that is added to the Minnesota
5.33court information system. The commissioner's system must include for review only
5.34information that relates to individuals who have been the subject of a background study
5.35under this chapter that remain affiliated with the agency that initiated the background
6.1study. For purposes of this paragraph, an individual remains affiliated with an agency
6.2that initiated the background study until the agency informs the commissioner that the
6.3individual is no longer affiliated. When any individual no longer affiliated according to
6.4this paragraph returns to a position requiring a background study under this chapter, the
6.5agency with whom the individual is again affiliated shall initiate a new background study
6.6regardless of the length of time the individual was no longer affiliated with the agency
6.7 are on the master roster.
6.8(b) The commissioner shall develop and implement an online system as a part of
6.9NETStudy 2.0 for agencies that initiate background studies under this chapter to access
6.10and maintain records of background studies initiated by that agency. The system must
6.11show all active background study subjects affiliated with that agency and the status of
6.12each individual's background study. Each agency that initiates background studies must
6.13use this system to notify the commissioner of discontinued affiliation for purposes of the
6.14processes required under paragraph (a).
6.15(c) After an entity initiating a background study has paid the applicable fee for the
6.16study and has provided the individual with the privacy notice required under section
6.17245C.05, subdivision 2c, NETStudy 2.0 shall immediately inform the entity whether the
6.18individual requires a background study or whether the individual is immediately eligible
6.19to provide services based on a previous background study. If the individual is immediately
6.20eligible, the entity initiating the background study shall be able to view the information
6.21previously supplied by the individual who is the subject of a background study as required
6.22under section 245C.05, subdivision 1, including the individual's photograph taken at the
6.23time the individual's fingerprints were recorded. The commissioner shall not provide any
6.24entity initiating a subsequent background study with information regarding the other
6.25entities that initiated background studies on the subject.
6.26(d) Verification that an individual is eligible to provide services based on a previous
6.27background study is dependent on the individual voluntarily providing the individual's
6.28Social Security number to the commissioner at the time each background study is initiated.
6.29When an individual does not provide the individual's Social Security number for the
6.30background study, that study is not transferable and a repeat background study on that
6.31individual is required if the individual seeks a position requiring a background study under
6.32this chapter with another entity.

6.33    Sec. 9. Minnesota Statutes 2012, section 245C.05, subdivision 1, is amended to read:
7.1    Subdivision 1. Individual studied. (a) The individual who is the subject of the
7.2background study must provide the applicant, license holder, or other entity under section
7.3245C.04 with sufficient information to ensure an accurate study, including:
7.4    (1) the individual's first, middle, and last name and all other names by which the
7.5individual has been known;
7.6    (2) current home address, city, and state of residence;
7.7    (3) current zip code;
7.8    (4) sex;
7.9    (5) date of birth; and
7.10    (6) Minnesota driver's license number or state identification number.; and
7.11    (7) upon implementation of NETStudy 2.0, the home address, city, county, and
7.12state of residence for the past five years.
7.13    (b) Every subject of a background study conducted or initiated by counties or private
7.14agencies under this chapter must also provide the home address, city, county, and state of
7.15residence for the past five years.
7.16    (c) Every subject of a background study related to private agency adoptions or
7.17related to child foster care licensed through a private agency, who is 18 years of age
7.18or older, shall also provide the commissioner a signed consent for the release of any
7.19information received from national crime information databases to the private agency that
7.20initiated the background study.
7.21    (d) The subject of a background study shall provide fingerprints and a photograph as
7.22required in subdivision 5, paragraph (c).

7.23    Sec. 10. Minnesota Statutes 2012, section 245C.05, subdivision 2, is amended to read:
7.24    Subd. 2. Applicant, license holder, or other entity. (a) The applicant, license
7.25holder, or other entities as provided in this chapter shall verify that the information
7.26collected under subdivision 1 about an individual who is the subject of the background
7.27study is correct and must provide the information on forms or in a format prescribed by
7.28the commissioner.
7.29(b) The information collected under subdivision 1 about an individual who is the
7.30subject of a completed background study may only be viewable by an entity that initiates
7.31a subsequent background study on that individual under NETStudy 2.0 after the entity
7.32has paid the applicable fee for the study and has provided the individual with the privacy
7.33notice in subdivision 2c.

7.34    Sec. 11. Minnesota Statutes 2012, section 245C.05, subdivision 2c, is amended to read:
8.1    Subd. 2c. Privacy notice to background study subject. (a) For every Prior
8.2to initiating each background study, the entity initiating the study must provide the
8.3commissioner's privacy notice to the background study subject required under section
8.413.04, subdivision 2 , that is provided. The notice must be available through the
8.5commissioner's electronic NETStudy system or through the commissioner's background
8.6study forms and NETStudy 2.0 systems and shall include the information in paragraph
8.7 paragraphs (b) and (c).
8.8(b) The background study subject shall be informed that any previous background
8.9studies that received a set-aside will be reviewed, and without further contact with the
8.10background study subject, the commissioner may notify the agency that initiated the
8.11subsequent background study:
8.12(1) that the individual has a disqualification that has been set aside for the program
8.13or agency that initiated the study;
8.14(2) the reason for the disqualification; and
8.15(3) that information about the decision to set aside the disqualification will be
8.16available to the license holder upon request without the consent of the background study
8.17subject.
8.18(c) The background study subject must also be informed that:
8.19(1) the subject's fingerprints collected for purposes of completing the background
8.20study under this chapter must not be retained by the Minnesota Department of Public
8.21Safety, Bureau of Criminal Apprehension, or by the commissioner, but will be retained by
8.22the Federal Bureau of Investigation;
8.23(2) effective upon implementation of NETStudy 2.0, the subject's photographic
8.24image will be retained by the commissioner, and if the subject has provided the subject's
8.25Social Security number for purposes of the background study, the photographic image will
8.26be available to prospective employers and agencies initiating background studies under
8.27this chapter to verify the identity of the subject of the background study; and
8.28(3) the commissioner's authorized fingerprint collection vendor shall, for purposes
8.29of verifying the identity of the background study subject, be able to view the identifying
8.30information entered into NETStudy 2.0 by the entity that initiated the background study,
8.31but shall not retain the subject's fingerprints, photograph, or information from NETStudy
8.322.0. The authorized fingerprint collection vendor shall retain no more than the subject's
8.33name and the date and time the subject's fingerprints were recorded and sent, only as
8.34necessary for auditing and billing activities.

8.35    Sec. 12. Minnesota Statutes 2012, section 245C.05, subdivision 4, is amended to read:
9.1    Subd. 4. Electronic transmission. (a) For background studies conducted by the
9.2Department of Human Services, the commissioner shall implement a secure system for the
9.3electronic transmission of:
9.4    (1) background study information to the commissioner;
9.5    (2) background study results to the license holder;
9.6    (3) background study results to county and private agencies for background studies
9.7conducted by the commissioner for child foster care; and
9.8(4) background study results to county agencies for background studies conducted
9.9by the commissioner for adult foster care and family adult day services.
9.10(b) Unless the commissioner has granted a hardship variance under paragraph (c),
9.11a license holder or an applicant must use the electronic transmission system known
9.12as NETStudy or NETStudy 2.0 to submit all requests for background studies to the
9.13commissioner as required by this chapter.
9.14(c) A license holder or applicant whose program is located in an area in which
9.15high-speed Internet is inaccessible may request the commissioner to grant a variance to
9.16the electronic transmission requirement.

9.17    Sec. 13. Minnesota Statutes 2012, section 245C.05, subdivision 5, is amended to read:
9.18    Subd. 5. Fingerprints and photograph. (a) Before the implementation of
9.19NETStudy 2.0, except as provided in paragraph (c), for any background study completed
9.20under this chapter, when the commissioner has reasonable cause to believe that further
9.21pertinent information may exist on the subject of the background study, the subject
9.22shall provide the commissioner with a set of classifiable fingerprints obtained from an
9.23authorized agency.
9.24    (b) Before the implementation of NETStudy 2.0, for purposes of requiring
9.25fingerprints, the commissioner has reasonable cause when, but not limited to, the:
9.26    (1) information from the Bureau of Criminal Apprehension indicates that the subject
9.27is a multistate offender;
9.28    (2) information from the Bureau of Criminal Apprehension indicates that multistate
9.29offender status is undetermined; or
9.30    (3) commissioner has received a report from the subject or a third party indicating
9.31that the subject has a criminal history in a jurisdiction other than Minnesota.
9.32    (c) except as specified under section 245C.04, subdivision 1, Notwithstanding
9.33 paragraph (d), for background studies conducted by the commissioner for child foster
9.34care or adoptions, the subject of the background study, who is 18 years of age or older,
10.1shall provide the commissioner with a set of classifiable fingerprints obtained from an
10.2authorized agency.
10.3    (d) For background studies initiated on or after the implementation of NETStudy
10.42.0, every subject of a background study must provide the commissioner with a set of the
10.5background study subject's classifiable fingerprints and photograph. The photograph
10.6and fingerprints must be recorded at the same time by the commissioner's authorized
10.7fingerprint collection vendor and sent to the commissioner through the commissioner's
10.8secure data system described in section 245C.32, subdivision 1a, paragraph (b). The
10.9fingerprints shall not be retained by the Minnesota Department of Public Safety, Bureau of
10.10Criminal Apprehension, or the commissioner, but will be retained by the Federal Bureau
10.11of Investigation. The commissioner's authorized fingerprint collection vendor shall,
10.12for purposes of verifying the identity of the background study subject, be able to view
10.13the identifying information entered into NETStudy 2.0 by the entity that initiated the
10.14background study, but shall not retain the subject's fingerprints, photograph, or information
10.15from NETStudy 2.0. The authorized fingerprint collection vendor shall retain no more
10.16than the name and date and time the subject's fingerprints were recorded and sent, only as
10.17necessary for auditing and billing activities.

10.18    Sec. 14. [245C.051] DESTRUCTION OF BACKGROUND STUDY SUBJECT
10.19INFORMATION.
10.20(a) A background study subject may request in writing to the commissioner that
10.21information used to complete the individual's study in NETStudy 2.0 be destroyed if
10.22the individual:
10.23(1) has not been affiliated with any entity for the previous two years; and
10.24(2) has no current disqualifying characteristic.
10.25(b) After receiving the request and verifying the information in paragraph (a), the
10.26commissioner shall destroy the information used to complete the subject's background
10.27study and shall keep a record of the subject's name and a notation of the date that the
10.28information was destroyed.
10.29(c) When a previously studied individual has not been on the master roster for two
10.30years, the commissioner shall destroy the photographic image of the individual obtained
10.31under section 245C.05, subdivision 5, paragraph (d).
10.32(d) Any data collected on an individual under this chapter that is maintained by
10.33the commissioner that has not been destroyed according to paragraph (b) or (c), shall
10.34be destroyed when two years have elapsed from the individual's actual death that is
10.35reported to the commissioner or the presumed death of the individual. For purposes of
11.1this subdivision, an individual is presumed to be dead if either 90 years elapsed since
11.2the creation of the data or 90 years have elapsed since the individual's birth, whichever
11.3is earlier, except that an individual is not presumed to be dead if readily available data
11.4indicate that the individual is still living.

11.5    Sec. 15. Minnesota Statutes 2012, section 245C.07, is amended to read:
11.6245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.
11.7    (a) Subject to the conditions in paragraph (d), when a license holder, applicant, or
11.8other entity owns multiple programs or services that are licensed by the Department
11.9of Human Services, Department of Health, or Department of Corrections, only one
11.10background study is required for an individual who provides direct contact services in one
11.11or more of the licensed programs or services if:
11.12    (1) the license holder designates one individual with one address and telephone
11.13number as the person to receive sensitive background study information for the multiple
11.14licensed programs or services that depend on the same background study; and
11.15    (2) the individual designated to receive the sensitive background study information
11.16is capable of determining, upon request of the department, whether a background study
11.17subject is providing direct contact services in one or more of the license holder's programs
11.18or services and, if so, at which location or locations.
11.19    (b) When a license holder maintains background study compliance for multiple
11.20licensed programs according to paragraph (a), and one or more of the licensed programs
11.21closes, the license holder shall immediately notify the commissioner which staff must be
11.22transferred to an active license so that the background studies can be electronically paired
11.23with the license holder's active program.
11.24    (c) When a background study is being initiated by a licensed program or service or a
11.25foster care provider that is also registered under chapter 144D, a study subject affiliated
11.26with multiple licensed programs or services may attach to the background study form a
11.27cover letter indicating the additional names of the programs or services, addresses, and
11.28background study identification numbers.
11.29    When the commissioner receives a notice, the commissioner shall notify each
11.30program or service identified by the background study subject of the study results.
11.31    The background study notice the commissioner sends to the subsequent agencies
11.32shall satisfy those programs' or services' responsibilities for initiating a background study
11.33on that individual.
11.34(d) If a background study was conducted on an individual related to child foster care
11.35and the requirements under paragraph (a) are met, the background study is transferable
12.1across all licensed programs. If a background study was conducted on an individual under
12.2a license other than child foster care and the requirements under paragraph (a) are met, the
12.3background study is transferable to all licensed programs except child foster care.
12.4(e) The provisions of this section that allow a single background study in one
12.5or more licensed programs or services do not apply to background studies submitted
12.6by adoption agencies, supplemental nursing services agencies, personnel agencies,
12.7educational programs, professional services agencies, and unlicensed personal care
12.8provider organizations.
12.9(f) For an entity operating under NETStudy 2.0, the entity's active roster must be
12.10the system used to document when a background study subject is affiliated with multiple
12.11entities.

12.12    Sec. 16. Minnesota Statutes 2012, section 245C.13, subdivision 1, is amended to read:
12.13    Subdivision 1. Timing. Upon receipt of the background study forms from an
12.14applicant, license holder, or other entity as provided in this chapter required to initiate
12.15a background study under section 245C.04, the commissioner shall complete the
12.16background study and provide the notice required under section 245C.17, subdivision 1,
12.17within 15 working days.

12.18    Sec. 17. Minnesota Statutes 2012, section 245C.17, subdivision 1, is amended to read:
12.19    Subdivision 1. Time frame for notice of study results and auditing system
12.20access. (a) Within 15 working days after the commissioner's receipt of the background
12.21study form, the commissioner shall notify the individual who is the subject of the study
12.22in writing or by electronic transmission of the results of the study or that more time
12.23is needed to complete the study.
12.24(b) (a) Within 15 three working days after the commissioner's receipt of the a request
12.25for a background study form submitted on paper through the commissioner's NETStudy
12.26or NETStudy 2.0 system, the commissioner shall notify the applicant, background study
12.27subject and the license holder, or other entity as provided in this chapter in writing or by
12.28electronic transmission of the results of the study or that more time is needed to complete
12.29the study. The notice to the individual shall include the identity of the entity that initiated
12.30the background study.
12.31(c) Within three days after the commissioner's receipt of a request for a background
12.32study submitted through the commissioner's online system, the commissioner shall
12.33provide an electronic notification to the applicant, license holder, or other entity as
12.34provided in this chapter. The electronic notification shall disclose the results of the study
13.1or that more time is needed to complete the study. (b) Before being provided access to
13.2NETStudy 2.0, the license holder or other entity under section 245C.04 shall sign an
13.3acknowledgment of responsibilities form developed by the commissioner that includes
13.4identifying the sensitive background study information person, who must be an employee
13.5of the license holder or entity. All queries to NETStudy 2.0 are electronically recorded
13.6and subject to audit by the commissioner. The electronic record shall identify the specific
13.7user. A background study subject may request in writing to the commissioner a report
13.8listing the entities that initiated a background study on the individual.
13.9(d) (c) When the commissioner has completed a prior background study on an
13.10individual that resulted in an order for immediate removal and more time is necessary to
13.11complete a subsequent study, the notice that more time is needed that is issued under
13.12paragraphs paragraph (a), (b), and (c) shall include an order for immediate removal of the
13.13individual from any position allowing direct contact with or access to people receiving
13.14services pending completion of the background study.

13.15    Sec. 18. Minnesota Statutes 2012, section 245C.20, is amended by adding a
13.16subdivision to read:
13.17    Subd. 3. Background studies identified on active rosters. The requirements in
13.18subdivisions 1 and 2 are met for entities for which active rosters are implemented and for
13.19whom all individuals affiliated with the entity are recorded on the active roster.

13.20    Sec. 19. Minnesota Statutes 2012, section 245C.32, is amended by adding a
13.21subdivision to read:
13.22    Subd. 1a. NETStudy 2.0 system. (a) The commissioner shall design, develop, and
13.23test the NETStudy 2.0 system and implement it no later than September 1, 2015.
13.24(b) The NETStudy 2.0 system developed and implemented by the commissioner
13.25shall incorporate and meet all applicable data security standards and policies required by
13.26the Federal Bureau of Investigation (FBI), Minnesota Department of Public Safety, Bureau
13.27of Criminal Apprehension, and the MN.IT Services Department. The system shall meet
13.28all required standards for encryption of data at the database level as well as encryption
13.29of data that travels electronically among agencies initiating background studies, the
13.30commissioner's authorized fingerprint collection vendor, the commissioner, the Bureau of
13.31Criminal Apprehension, and in cases involving national criminal record checks, the FBI.
13.32(c) The data system developed and implemented by the commissioner shall
13.33incorporate a system of data security that allows the commissioner to control access to the
13.34data field level by the commissioner's employees. The commissioner shall establish that
14.1employees have access to the minimum amount of private data on any individual as is
14.2necessary to perform their duties under this chapter.
14.3(d) The commissioner shall oversee regular quality and compliance audits of the
14.4authorized fingerprint collection vendor.

14.5    Sec. 20. Minnesota Statutes 2012, section 245C.32, is amended by adding a
14.6subdivision to read:
14.7    Subd. 1b. Civil remedies. When accessing private data on individuals through
14.8NETStudy 2.0, entities that are authorized to initiate background studies and the
14.9commissioner's authorized fingerprint collection vendors shall be subject to all
14.10responsibilities and civil remedies applicable to a responsible authority or government
14.11entity as specified under section 13.08."
14.12Amend the title accordingly