Page:2019 North Dakota Session Laws.pdf/472

Criminal Code CHAPTER 121

HOUSE BILL NO. 1282

(Representatives Schneider, Adams, Buffalo, Dobervich, Guggisberg, Hanson, McWilliams, Mitskog, Roers Jones, Satrom)

(Senators Bakke, Dwyer)

AN ACT to create and enact a new section to chapter 12.1-33 of the North Dakota Century Code, relating to limitations on public employer consideration of criminal background.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. A new section to chapter 12.1-33 of the North Dakota Century Code is created and enacted as follows:

Public employment - Consideration of criminal record.

1. A public employer may not inquire into or consider the criminal record or criminal history of an applicant for public employment until the applicant has been selected for an interview by the employer.

2. This section does not apply to the department of corrections and rehabilitation or to a public employer that has a statutory duty to conduct a criminal history background check or otherwise take into consideration a potential employee's criminal history during the hiring process.

3. This section does not prohibit a public employer from notifying an applicant that law or the employer's policy will disqualify an individual with a particular criminal history background from employment in particular positions.

4. As used in this section, the term "public employer" means the state or a county or city government, or an instrumentality or agency of the state or of a county or city government. The term includes a park district but does not include a school district.

Approved March 12, 2019

Filed March 13, 2019