HF4371

Purpose

• The bill requires the Bureau of Criminal Apprehension (BCA) to perform background checks when requested by the Office of the Legislative Auditor.
• It amends Minnesota Statutes to update definitions and clarify who can request these background checks.

Main Provisions

• Amends Minnesota Statutes 2025 Supplement section 299C.76 subdivision 1 to prescribe background checks by the BCA at the request of the Office of the Legislative Auditor.
• Introduces and defines key terms used for handling background checks, including:
  • Federal tax information (FTI): federal tax returns or information derived from them, held by the requesting agency, protected under the safeguarding provisions of section 6103(p)(4) of the Internal Revenue Code.
  • IRS Publication 1075: guidance and requirements for protecting federal tax information as required by 6103(p)(4).
  • National criminal history record information (NCHRI): FBI identification records as defined in 28 C.F.R. 20.3(d).
• Expands who can request background checks (the term “Requesting agency”):
  • Department of Revenue
  • Department of Employment and Economic Development
  • Department of Human Services
  • Department of Children Youth and Families
  • Board of directors of MNsure
  • Department of Information Technology Services
  • Attorney General
  • Office of the Legislative Auditor
  • Counties

Significant Changes to Existing Law

• Broadens the set of agencies that may request background checks to include several state departments, the MNsure board, and counties.
• formalizes the requirement that background checks may involve federal tax information and national criminal history information, with specific safeguarding standards (FTI, IRS Publication 1075, and related privacy protections).
• Ties the background check process to the Office of the Legislative Auditor as the requesting entity, under the framework of the BCA performing the checks.

Safeguards and Data Handling (Key Implications)

• The use of federal tax information in background checks must follow strict confidentiality requirements (6103(p)(4) and IRS Publication 1075).
• Protection and proper handling of national criminal history information are required, aligning with federal and state safeguarding standards.

Practical Implications

• Increased oversight of background checks for a broader set of agencies, potentially expanding access to sensitive information.
• Emphasis on data protection and privacy due to the involvement of federal tax data and criminal history information.

Relevant Terms - Bureau of Criminal Apprehension (BCA) - background checks - Office of the Legislative Auditor - Federal tax information (FTI) - IRS Publication 1075 - Internal Revenue Code section 6103(p)(4) - National criminal history record information (NCHRI) - requesting agency - Department of Revenue - Department of Employment and Economic Development - Department of Human Services - Department of Children Youth and Families - MNsure - Department of Information Technology Services - Attorney General - counties