SF4543

Purpose

• The bill would require the Bureau of Criminal Apprehension (BCA) to perform background checks when requested by the Office of the Legislative Auditor (OLA). It amends Minnesota Statutes to add and clarify definitions related to background checks and the handling of sensitive information.

Main Provisions

• Mandate: BCA must conduct background checks at the request of the Office of the Legislative Auditor.
• Statutory amendment: The bill modifies Minnesota Statutes 2025 Supplement section 299C.76, subdivision 1, to establish new definitions used for background checks and data handling.
• Scope of data: The bill defines categories of information that may be involved in background checks, including federal tax information and national criminal history record information, and specifies how this information is protected when in the possession or control of a requesting agency.

Definitions (key terms added or clarified)

• Federal tax information: Federal tax returns and return information or information derived from them that is in the possession or control of the requesting agency and protected under the safeguarding provisions of section 6103p4 of the Internal Revenue Code.
• IRS Publication 1075: The IRS publication that provides guidance and requirements for protecting and keeping confidential federal tax information as required by section 6103p4 of the Internal Revenue Code.
• National criminal history record information: FBI identification records as defined in CFR Title 28, section 20.3(d) (and related terms as referenced in the bill).
• Requesting agency: The state and other specified entities that may request background checks, including:
  • 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

Agencies and scope of background checks

• The definitions apply to background checks conducted under this section and delineate which state agencies and political subdivisions may be involved in requesting information.

Data protection and privacy

• The bill ties the handling of federal tax information to established safeguarding requirements (IRS Publication 1075 and section 6103p4), reinforcing confidentiality and security standards for sensitive data accessed through background checks.

Significance and potential impact

• This bill clarifies who can request background checks and what kinds of sensitive information may be used or accessed in relation to background checks conducted by the BCA, with explicit privacy protections for federal tax information and other sensitive records.
• It broadens the set of agencies and entities that can initiate background checks through the BCA, potentially increasing the reach of background screening processes in state government and related entities.

Relevant Terms - Bureau of Criminal Apprehension (BCA) - background checks - Office of the Legislative Auditor (OLA) - Minnesota Statutes 299C.76 - federal tax information - IRS Publication 1075 - section 6103p4 of the Internal Revenue Code - National criminal history record information - FBI identification records - CFR Title 28, section 20.3(d) - 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